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MOYER v. STATE

No. 97-2418.

715 So.2d 1112 (1998)

Scott Alan MOYER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 14, 1998.

Attorney(s) appearing for the Case

Jonathan P. Culver, Ocala, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Scott Allen Moyer was convicted of causing serious bodily injury to another while driving under the influence, a third degree felony, and a violation of section 316.193(3)(a), (b), (c)2, Florida Statutes (1997).

We find no error in the conviction, but vacate the sentence and remand for resentencing. The state concedes that the split sentence of 54 months incarceration, followed by five years probation...

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