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Florida District Courts of Appeal, 1996

Tomas v. State

Tomas v. State
Florida District Courts of Appeal · Decided May 15, 1996 · Cope, Gersten, Jorgenson
672 So. 2d 905; 1996 Fla. App. LEXIS 5109; 1996 WL 253045 (Southern Reporter, Second Series)

Tomas v. State

Opinion of the Court

CONFESSION OF ERROR

PER CURIAM.

Upon the State’s proper confession of error, we reverse defendant’s sentence and remand for resentencing. See Waters v. State, 662 So.2d 332 (Fla. 1995) (when court revokes probation upon completion of community control, credit towards newly-imposed probationary term must be given for time served on community control and probation, and total term of control, probation, and imprisonment already served and to be served may not exceed statutory maximum for underlying offense).

Reversed and remanded.

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