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PENDERGRASS v. STATE

Nos. 85-213, 85-223.

487 So.2d 35 (1986)

Lenden Alvin PENDERGRASS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

As Modified on Rehearing May 7, 1986.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Gary Caldwell, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.

GLICKSTEIN, Judge.

This is a consolidated appeal of a criminal conviction in a homicide case and of a probation violation. We affirm in all respects except the sentence for violation of probation, which we reverse.

Appellant's original sentence for burglary was four years in prison with credit for time served and a condition that he serve a mandatory one year minimum without possibility of parole. When he was sentenced for violation of probation, the court...

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