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LOCKE v. STATE

No. 95-70.

656 So.2d 571 (1995)

Brian LOCKE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 16, 1995.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Dan D. Hallenberg, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Allison Leigh Morris, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a sentence.

The question on appeal is whether it is legal to sentence a person convicted of both a felony and a misdemeanor to consecutive terms in the county jail, if the aggregated sentences exceed one year. We answer in the negative and certify the question as being one of great public importance.

In Dewitt v. State, 639 So.2d 694 (Fla. 5th DCA 1994), this court held...

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