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BOYKIN v. STATE

No. 97-1105.

715 So.2d 957 (1998)

James Daniel BOYKIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 27, 1998.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; and Nancy L. Showalter, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; and Kristina White, Assistant Attorney General, Tallahassee, for Appellee.

ON MOTION FOR REHEARING

PER CURIAM.

Appellant, James Daniel Boykin appeals both the imposition of a sentence after an order revoking probation and a second sentence imposed upon conviction of a subsequent offense. The State properly concedes that the trial court lacked subject matter jurisdiction when it imposed the first sentence because the maximum period of incarceration for the offenses for which the sentence was imposed had expired before the affidavit...

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