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KIMBALL v. STATE

No. 5D03-3179.

890 So.2d 495 (2004)

Mary Jo KIMBALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 30, 2004.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, J.

Mary Jo Kimball appeals her sentence for uttering a forgery and burglary of a structure entered after the trial court revoked her probation. We remand for a determination of the proper amount of credit Kimball should be given for time previously served on community control.

Initially, Kimball was sentenced to six months of community control followed by 12 months of drug offender probation. The state filed an affidavit of violation of

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