GAUSE v. STATE

No. 96-01025.

673 So.2d 925 (1996)

Robert P. GAUSE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 15, 1996.


Attorney(s) appearing for the Case

Robert P. Gause, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Ron Napolitano, Assistant Attorney General, Tampa, for Appellee.


PER CURIAM.

Robert P. Gause appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800. Because Mr. Gause is sentenced to probation concurrent with incarceration, we must reverse.

Mr. Gause was convicted of aggravated battery with a firearm (count I) and first-degree burglary (count II). The trial court sentenced him to fifteen years' probation on count I and six years' incarceration on count II. The sentences are scheduled...

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