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GREMMELS v. STATE

No. 2D02-4673.

858 So.2d 1167 (2003)

Dennis Dale GREMMELS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 7, 2003.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Maureen E. Surber, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.

VILLANTI, Judge.

Following his conviction for resisting arrest with violence, a third-degree felony, see § 843.01, Fla. Stat. (2001), Dennis Dale Gremmels was sentenced to one year in county jail followed by five years' probation. As the State properly concedes, because the combined sentence exceeds the five-year statutory maximum, the sentence was illegal. See § 775.082, Fla. Stat. (2001); State v. Holmes, 360 So.2d...

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