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GONZALEZ v. STATE

No. 87-3105.

546 So.2d 786 (1989)

Wilfredo GONZALEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 25, 1989.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Yvette Rhodes Prescott, Asst. Atty. Gen., for appellee.

Before FERGUSON, COPE and GERSTEN, JJ.

PER CURIAM.

A "split sentence" of probation and incarceration cannot exceed the maximum term of imprisonment for the offense charged. State v. Holmes, 360 So.2d 380 (Fla. 1978). In modifying and extending the defendant's probationary period, the court imposed the functional equivalent of a seven-year sentence for an offense which is punishable by a maximum five-year sentence. The State concedes the error.

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