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STINSON v. STATE

No. 91-840.

590 So.2d 31 (1991)

Bobby STINSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 29, 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 Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

HARRIS, Judge.

We affirm on the authority of Reese v. State, 535 So.2d 676 (Fla. 5th DCA 1988) and Tillman v. State, 555 So.2d 940 (Fla. 5th DCA 1990). Both of these cases reject the position of the dissent that the imposition of jail time as a condition of community control is an illegal sentence. The legislature has specifically authorized the court to impose up to 364 days incarceration...

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