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WAYNE v. STATE

No. 86-2133.

513 So.2d 689 (1987)

Clyde Garland WAYNE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 6, 1987.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael L. O'Neill, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

The defendant originally plead guilty to burglary of a structure, (section 810.02, Florida Statutes (1985)). The trial judge sentenced him to thirty months' incarceration to be followed by two and one-half years on probation. The defendant served the entire thirty months' incarceration and was released from confinement. During the following two and one-half years, a warrant for violation of probation was issued and the defendant admitted the violation...

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