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McDADE v. STATE

No. 69-351.

233 So.2d 158 (1970)

Roy Thomas McDADE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 30, 1970.

Attorney(s) appearing for the Case

Leonard L. Stafford, Public Defender, and Stephen W. Toothaker, Asst. Public Defender, Fort Lauderdale, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Charles W. Musgrove, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed. See State ex rel. Roberts v. Cochran, Fla.1962, 140 So.2d 597.

WALDEN and REED, JJ., concur.

McCAIN, J., dissents, with opinion.

McCAIN, Judge (dissenting).

Defendant appeals an order revoking probation and sentencing him to three years imprisonment. The original offense giving rise to the probation being a misdemeanor, i.e., breaking...

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