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EVANS v. STATE

No. 88-1419.

544 So.2d 1160 (1989)

Gregory Michael EVANS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 15, 1989.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a sentence.

Appellant asserts he is entitled to be sentenced to prison rather than probation if he so requests and the sentence is a onecell departure as if he had violated probation. He cites Williams v. State, 522 So.2d 1022 (Fla. 5th DCA 1988) and Holley v. State, 483 So.2d 854 ...

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