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JONES v. STATE

No. 95-2473.

671 So.2d 296 (1996)

Henry F. JONES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 12, 1996.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and S.C. VanVoorhees, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Timothy D. Wilson, Assistant Attorney General, Daytona Beach, for Appellee.

DAUKSCH, Judge.

This is an appeal from a sentence. Appellant was given two years in the state prison and that sentence was suspended on the condition that he successfully complete three years of probation. He failed to successfully complete his probation and when he appeared in court for the violation he was given a new sentence of four and one-half years in prison. This was error. The original suspended sentence is not a legally recognized split sentence under

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