STATE v. WHEELER

No. 3D99-1102.

756 So.2d 230 (2000)

The STATE of Florida, Appellant, v. Mikal WHEELER, Appellee.

District Court of Appeal of Florida, Third District.

April 26, 2000.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General and Jan E. Vair and Michael J. Neimand (Fort Lauderdale), Assistant Attorneys General, for appellant.

Bennett H. Brummer, Public Defender and Suzanne M. Froix, Assistant Public Defender, for appellee.

Before SCHWARTZ, C.J., and GERSTEN and GODERICH, JJ.


PER CURIAM.

The state appeals from an order invalidating a sentence which the parties previously stipulated in a plea agreement would be imposed if, as actually occurred, the defendant violated the probation which was granted as a condition of suspending the sentence. We find no basis whatever for this ruling both because the sentence was not an illegal one and because the defendant could not properly be heard to contend otherwise after receiving the benefit of the...

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