JOHNS v. STATE

No. 90-02449.

582 So.2d 171 (1991)

James Lewis JOHNS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 17, 1991.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Robert D. Rosen, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Susan D. Dunlevy, Asst. Atty. Gen., Tampa, for appellee.


PATTERSON, Judge.

The appellant challenges his judgment and sentence for aggravated battery entered upon revocation of his probation. We find merit only in the appellant's argument that the trial court erred in sentencing him to four and one-half years in prison to be followed by eleven and one-half years' probation, since the combined sentence exceeds the statutory maximum of fifteen years for a second-degree felony. § 775.082(3)(c), Fla. Stat. (1989); Coleman...

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