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411 So. 2d 879

McCray v. State

District Court of Appeal of Florida

Decided October 7, 1981

District Court of Appeal of Florida · decided 1981-10-07

Relies on 396 So. 2d 1107 - Villery v. Florida Parole & Probation Com'n · South Carolina Ins. Co. v. Heuer

Decided 1981-10-07

PER CURIAM.

¶1Appellant appeals from the order of revocation of probation and judgment and sentences of the Hillsborough County Circuit Court.

¶2Appellant was sentenced in accordance with the plea negotiations, as follows:

1. For failure to deliver a hired vehicle — five years imprisonment (with credit for time served), to be suspended after four years.
2. For the worthless check charge — four years probation to run consecutively with No. 1 above.
3. For the misdemeanor battery — one year imprisonment, to run concurrently with No. 1 above.

¶3Appellant now challenges his sentence as illegal in the light of Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla.1981).

¶4We agree that Villery does control and therefore reverse and remand this case for correction of the sentence in accord with Villery.

¶5In correcting this sentence, the trial court should consider our opinion in Lewis v. State, 402 So.2d 480 (Fla.2d DCA, 1981).

SCHEB, C. J., and DANAHY and CAMPBELL, JJ., concur.
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