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SWAIN v. STATE

No. 88-2399.

553 So.2d 1331 (1989)

Leroy SWAIN, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 15, 1989.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Phil Patterson, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for appellee.

JOANOS, Judge.

Leroy Swain, Jr. (appellant) appeals the trial court's sentencing disposition predicated upon his plea of nolo contendere to allegations of violations of community control. The issues are (1) whether appellant's new sentence should be credited with all time previously served, including earned gain time and time spent on community control; and (2) whether the sentence imposed constituted an impermissible departure from the recommended guidelines sentencing...

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