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BROWN v. STATE

No. 98-2022.

784 So.2d 446 (1999)

Omar BROWN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 13, 1999.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Douglas Gurnic, Assistant Attorney General, for appellee.

Before JORGENSON, GERSTEN, and SHEVIN, JJ.

CONFESSION OF ERROR

PER CURIAM.

Appellant, Omar Brown ("defendant"), appeals the trial court's order sentencing him to 36 months incarceration. As correctly conceded by the State, we find the trial court erred in imposing a greater term of incarceration than the period of incarceration suspended during the original sentence.

The defendant was initially sentenced to 42 months probation after pleading guilty with regard to cocaine charges. Thereafter...

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