No. 2D99-3604.

779 So.2d 541 (2000)

Harry SWAIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 22, 2000.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.


Harry Swain contends the sentence he received after violating his probation was illegal. In a laudable demonstration of candor, the State concedes the error. Alas, we disagree with them both.

Swain's original sentence was nineteen years' imprisonment, with fifteen years suspended to be served on probation. This was a true split sentence. See Poore v. State, 531 So.2d 161 (Fla.1988). He served the...

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