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HENRY v. STATE

No. 90-2362.

583 So.2d 1120 (1991)

Timothy HENRY a/K/a Eric Henry, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 22, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David G. Mersch, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Appellant, Timothy Henry, was on probation when he committed the offense of delivery of cocaine.1 Pursuant to a plea agreement, Henry pled guilty to violating his probation and to the cocaine offense with the clear understanding that his sentences would run concurrent and total 4 1/2 years' incarceration. The trial judge sentenced defendant to time served for the probationary offense and to 4 1/2 years for the cocaine offense...

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