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MAYNARD v. STATE

No. 89-1223.

561 So.2d 449 (1990)

Ronald Joseph MAYNARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 17, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.

W. SHARP, Judge.

Maynard appeals his sentence imposed after he pled guilty to second degree murder.1 The trial judge sentenced him to 22 years in prison, provided that if he is released early, he must serve the balance of the 22 years on probation. "Probation will commence upon release from prison in this case. To terminate 5-24-2011."

This type of sentence is illegal because the term of probation is not definite and certain. ...

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