HELTON v. STATE

No. 92-2788.

611 So.2d 1323 (1993)

Herbert C. HELTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 11, 1993.


Attorney(s) appearing for the Case

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

Robert A. Butterworth, Atty. Gen., Richard Parker and Edward C. Hill, Jr., Asst. Attys. Gen., Tallahassee, for appellee.


PER CURIAM.

Helton appeals from a sentence imposed after he was found guilty of violating community control. Appellant contends that the trial court erred in sentencing him to three-and-one-half years in prison with credit for time served because he has previously received a "true split sentence," and the period of incarceration imposed exceeded that portion of the original sentence which was suspended. We agree. We vacate the sentence and remand for resentencing...

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