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BAISCH v. STATE

No. 96-840.

688 So.2d 415 (1997)

Jeffrey Mason BAISCH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 14, 1997.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; David P. Gauldin, Assistant Public Defender, Second Judicial Circuit, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and James W. Rogers, Senior Assistant Attorney General, Department of Legal Affairs, Tallahassee, for Appellee.

PER CURIAM.

We affirm the trial court's February 7, 1996 denial of appellant's motion to correct or modify his sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. Appellant was entitled upon resentencing for his violation of the probationary portion of his split sentence only to credit for actual prison time served during the incarcerative portion of his original sentence. See Fla. Stat. § 948.06 (1995); Sheppard v. State,

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