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LOVETT v. STATE

No. 5D01-106.

795 So.2d 1135 (2001)

Jerry LOVETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 5, 2001.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Jerry Lovett appeals the denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct an illegal sentence after he violated the terms of his probation.

Lovett was sentenced to ten years in the Department of Corrections. This sentence was a true split sentence in that the court ordered incarceration for the first five years with the remaining five years suspended and Lovett be placed on probation instead. See Poore v. State,

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