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BALDWIN v. STATE

No. 89-866.

558 So.2d 173 (1990)

Kenneth Leon BALDWIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 15, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Fleming Lee, Asst. Atty. Gen., Daytona Beach, for appellee.

GOSHORN, Judge.

Appellant was convicted of battery, a first degree misdemeanor. The trial judge placed him on probation for one year but refused to allow the appellant credit for 198 days served in the county jail awaiting trial.

Section 775.082(4)(a), Florida Statutes (1987) provides that the maximum penalty for a first degree misdemeanor is imprisonment for 1 year. The term of probation cannot exceed the maximum...

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