Florida District Courts of Appeal, 1992

Earle v. State

Earle v. State
Florida District Courts of Appeal · Decided October 14, 1992 · Lehan, Parker, Patterson
605 So. 2d 1326; 1992 Fla. App. LEXIS 10868; 1992 WL 282106 (Southern Reporter, Second Series)

Earle v. State

Opinion of the Court

PER CURIAM.

We affirm the order revoking defendant’s community control. We also affirm defendant’s sentence upon revocation of probation of twenty years incarceration followed by a term of probation. See Poore v. State, 531 So.2d 161, 164 (Fla. 1988). We do not agree with defendant’s contention that at his original sentencing he had received a “true split sentence.” We con-elude instead that he had received straight probation.

However, because we agree with defendant’s contention that the record is ambiguous regarding the number of years probation to which defendant was sentenced upon revocation of probation, we remand this case to the trial court for clarification on that aspect.

LEHAN, C.J., and PARKER and PATTERSON, JJ., concur.

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