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JENKINS v. STATE

No. 95-01229.

686 So.2d 13 (1996)

James JENKINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 26, 1996.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia J. Hakes, Assistant Attorney General, Tampa, for Appellee.

WHATLEY, Judge.

The appellant, James Jenkins, challenges the revocation of his probation in this sexual battery case. We find merit only in his contention that the trial court improperly imposed a seventeen-year sentence on his conviction for false imprisonment. Since false imprisonment is a third-degree felony punishable by a maximum of five years' imprisonment, see sections 787.02(2) and 775.082(3)(d), Florida Statutes (1991), we remand the instant cause...

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