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KILGORE v. STATE

No. 92-47.

597 So.2d 970 (1992)

Scott KILGORE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 12, 1992.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Francine Thomas, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.

PER CURIAM.

Scott Kilgore appeals from sentences entered following the revocation of his probation. Upon the State's proper confession of error, we reverse the sentence imposed for petit theft as it exceeds the statutory maximum, and remand for resentencing in accordance with section 775.082(4)(b), Florida Statutes (1989). Upon resentencing, the trial court shall recompute credit for time served to include the gain time that defendant earned while imprisoned. State...

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