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KILBOURN v. STATE

No. 2D12-5708.

127 So.3d 723 (2013)

Lawrence KILBOURN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 22, 2013.

Attorney(s) appearing for the Case

Mark Lipinski and Scarlett Guy , Bradenton, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Marilyn Muir Beccue , Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Lawrence Kilbourn appeals the order reinstating his probation. The State concedes error.

In 2000, Kilbourn entered a plea to attempted sexual battery in exchange for a sentence of ten years' imprisonment followed by five years' sex-offender probation. The trial court ordered that Kilbourn's sentence run consecutive to his five-year sentence in a federal case. However, Kilbourn served his Florida state prison term first and was then transferred...

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