MITCHELL v. STATE

No. 91-2167.

594 So.2d 823 (1992)

John Wayne MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 25, 1992.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Sara D. Baggett, Asst. Atty. Gen., Tallahassee, for appellee.


JOANOS, Chief Judge.

This appeal is taken from a sentencing error which occurred in the context of a sentencing plan involving incarceration and probation. The error, which is apparent on the face of the record, was occasioned by imposition of consecutive sentences, which had the effect of interrupting periods of community control with a period of probation. The state agrees that the sentencing plan devised by the trial court was improper, and ordinarily would require...

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