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GARDNER v. STATE

No. 67-1019.

219 So.2d 100 (1969)

Richard D. GARDNER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 13, 1969.

Attorney(s) appearing for the Case

Engel & Pollack, Miami, for appellant.

Earl Faircloth, Atty. Gen., and Melvin Grossman, Asst. Atty. Gen., for appellee.

Before CHARLES CARROLL, C.J., and HENDRY and SWANN, JJ.

PER CURIAM.

Defendant below, Richard D. Gardner, was charged with a crime against nature, in case #63-1776; hereinafter called the first case. He entered a plea of guilty to the charge and on September 12, 1963, the trial judge found him guilty, suspended sentence, placed him on probation in the custody of a probation officer for a term of five years and set the terms of his probation.

He was thereafter charged, in case #66-4324, hereinafter called the second...

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