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BARNES v. STATE

No. 91-990.

592 So.2d 1265 (1992)

Jimmy Davan BARNES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 7, 1992.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Nada Carey, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Laura Rush, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Jimmy Davan Barnes has appealed from sentences imposed after entry of pleas of nolo contendere to a new offense, and to a violation of probation. Based on the state's confession of error, we reverse and remand for resentencing.

In November 1989, Barnes pled nolo contendere to the sale of marijuana in Case No. 89-1022; he received 5 years probation. An affidavit of violation of probation was filed in September 1990 alleging the purchase of cocaine...

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