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STATE v. SMITH

No. 95-02797.

671 So.2d 276 (1996)

STATE of Florida, Appellant, v. Lewis S. SMITH, Appellee.

District Court of Appeal of Florida, Second District.

April 10, 1996.

Attorney(s) appearing for the Case

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

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

PER CURIAM.

The state appeals Lewis E. Smith's sentence of one year of community control followed by two years of probation for aggravated battery with a firearm in violation of section 784.045(1)(a)2, Florida Statutes (1993). The state contends that the trial court erred in suspending the three-year mandatory term of imprisonment imposed pursuant to section 775.087(2)(a) 1, Florida Statutes (1993). Mr. Smith concedes that section 775.087 prohibits suspension of minimum...

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