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FISHER v. STATE

No. 89-857.

559 So.2d 362 (1990)

Johnny FISHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 5, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Glen P. Gifford, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for appellee.

HARRIS, Judge.

Johnny Fisher pleaded guilty to one count of trafficking in cocaine and one count of possession of a firearm by a convicted felon. The applicable guideline sentence range was 9 to 12 years. The judge sentenced defendant to two concurrent 12-year sentences with the proviso, "if you are released under the provisions provided for early release, that the balance of the 12-year sentence is to be served on probation." Fisher urges that the sentence is improper...

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