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JOHNSON v. STATE

No. 89-43.

557 So.2d 203 (1990)

Louis K. JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 22, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Fleming Lee, Assistant Atty. Gen., and Robin A. Compton, Certified Legal Intern, Daytona Beach, for appellee.

GOSHORN, Judge.

Louis K. Johnson appeals his sentence imposed following a revocation of probation. Because he was given an illegal sentence, we reverse and remand for resentencing.

In 1985, Johnson plead guilty to shooting into an occupied conveyance and was given a true split sentence of 5 1/2 years in the Department of Corrections with the provision that after serving 2 1/2 years in prison, the balance of his sentence would be suspended and he would be placed...

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