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PITTS v. STATE

No. 1D00-4545.

813 So.2d 1073 (2002)

James R. PITTS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 22, 2002.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Robert R. Wheeler, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The state properly concedes that appellant's sentence of five years in prison followed by five years of probation for the third degree felony of aggravated stalking is illegal because it exceeds the statutory maximum of five years. See §§ 784.082,.084, Fla. Stat. (1997). Accordingly, we reverse and remand for resentencing.

BOOTH, MINER and KAHN...

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