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NIEHENKE v. STATE

No. 89-749.

561 So.2d 1218 (1990)

Mark Anthony NIEHENKE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

On Motion for Rehearing/Certification June 14, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellant.

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

HARRIS, Judge.

Mark Anthony Niehenke appeals his sentence following a nolo contendere plea to violation of probation. In May 1985 the defendant was placed on probation for the offense of aggravated battery for a period of ten years with a condition that he serve 2 1/2 years in prison. After his release from prison he violated probation and was restored to his term of probation with a condition that he serve 3 1/2 years in prison with credit for 949 days previously...

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