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STATE v. MILLETT

No. 94-01795.

658 So.2d 651 (1995)

STATE of Florida, Appellant, v. William MILLETT, Appellee.

District Court of Appeal of Florida, Second District.

July 28, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia E. Davenport, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and Allyn Giambalvo, Asst. Public Defender, Bartow, for appellee.

PER CURIAM.

The state appeals the sanction of community control followed by probation imposed on William Millet pursuant to his plea of nolo contendere to possession of a short-barreled shotgun in violation of section 790.221, Florida Statutes (1993). It contends the trial court erred in not imposing the five-year minimum mandatory term of imprisonment required by section 790.221(2).1 Millet concedes the error based on McKendry v. State...

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