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407 So. 2d 1003

Mantooth v. State

District Court of Appeal of Florida

Decided December 23, 1981

District Court of Appeal of Florida · decided 1981-12-23

Relies on 396 So. 2d 1107 - Villery v. Florida Parole & Probation Com'n

Decided 1981-12-23

PER CURIAM.

¶1We find no reversible error in the trial proceedings, so the judgment of conviction is affirmed.

¶2Appellant is correct, however, in his assertion that the sentence of five years in prison followed by three years of probation violates the dictates of Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla.1981). The sentence is therefore vacated and the cause remanded for résen-tencing.

¶3Judgment AFFIRMED. Sentence VACATED and REMANDED.

ORFINGER, SHARP and COWART, JJ., concur.
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