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FAIR v. STATE

No. 95-2919.

676 So.2d 85 (1996)

Kareem FAIR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 12, 1996.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

No Appearance for Appellee.

DAUKSCH, Judge.

We affirm the judgment and sentence except that portion of the sentence which is excessive. Section 948.03(6), Florida Statutes (1995) limits the time which a person can be made to serve under "conditions of probation or community control" to 364 days. Because appellant was given one year, it is excessive. We modify the sentence to 364 days.

AFFIRMED as modified.

COBB and ANTOON...

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