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BURNS v. STATE

No. 90-1673.

575 So.2d 769 (1991)

Richard BURNS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 7, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca R. Wall, Asst. Atty. Gen., Daytona Beach, for appellee.

HARRIS, Judge.

Richard Burns was convicted of robbery-while wearing a mask. The maximum sentence for this offense is thirty years. The trial court sentenced Burns to 22 years incarceration (the guideline maximum) to be followed by 10 years probation. This is an illegal sentence. Calhoun v. State, 522 So.2d 509 (Fla. 1st DCA 1988).

On resentencing, the court shall either reduce the incarceration or the probation so...

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