FLUKER v. STATE

No. 97-659.

708 So.2d 350 (1998)

Freddie FLUKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 22, 1998.


Attorney(s) appearing for the Case

Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Appellant, Freddie Fluker, appeals the revocation of his probation (# 94-227) and community control (#95-801). We affirm the revocations but reverse the sentences and remand for resentencing.

Appellant claims, and the State concedes, that his sentence of 30 months incarceration and 18 months probation in case no. 94-227 is illegal. We agree. Fluker had previously spent almost two years on probation. The total sanction, when the new sentence is...

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