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BENNETT v. STATE

No. 95-956.

664 So.2d 70 (1995)

Sherry BENNETT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 13, 1995.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.

Before GERSTEN, GODERICH and GREEN, JJ.

CONFESSION OF ERROR

PER CURIAM.

The State confesses error in the trial court's denial of the defendant's motion to set aside illegal sentence on the grounds that the judge did not have jurisdiction to enter the sentences.

With regards to the first degree misdemeanor, the trial court erred in imposing a new probationary period without giving credit for time already served on probation. See State v. Summers, 642 So.2d...

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