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SINGLETARY v. WHITTAKER

No. 97-128.

739 So.2d 1183 (1999)

Harry K. SINGLETARY, Jr., Appellant, v. Edward J. WHITTAKER, Appellee.

District Court of Appeal of Florida, Fifth District.

July 23, 1999.

Attorney(s) appearing for the Case

Susan A. Maher, Deputy General Counsel, Tallahassee, for Appellant.

Edward J. Whittaker, St. Petersburg, Pro se.

ON MOTION FOR REHEARING EN BANC

HARRIS, J.

We grant rehearing en banc, withdraw our previous opinion, and substitute the following:

Whittaker was originally sentenced for aggravated child abuse to a "true split sentence" of fifteen years—seven years incarceration to be followed by eight years probation.1 His criminal act was committed in 1990, which means that, pursuant to section 944.28(1), Florida Statutes...

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