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MORAN v. STATE

No. 95-03722.

683 So.2d 603 (1996)

Juan MORAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 15, 1996.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Megan Olson, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Tampa, for Appellee.

ALTENBERND, Judge.

Juan Moran appeals his sentence imposed after a violation of community control. We reverse the sentence because the trial court imposed a period of incarceration longer than the suspended portion of this true split, habitual offender sentence.

In 1993, the state charged Mr. Moran with robbery. He agreed to plead nolo contendere in exchange for a true split sentence. The agreement called for a suspended five-year period of incarceration...

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