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HERRSCHAFT v. STATE

No. 93-3080.

645 So.2d 1123 (1994)

George HERRSCHAFT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 7, 1994.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Frantz K. Vital and Cherry Grant, Asst. Public Defenders, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Defendant appeals his convictions for battery on a police officer and resisting arrest with violence. We affirm his convictions but reverse the sentence, as the State agrees we should, because the court sentenced defendant to a combination of both incarceration and community control, and the guidelines specify incarceration or community control. State v. Davis, 630 So.2d 1059

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