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O'STEEN v. STATE

No. P-444.

261 So.2d 208 (1972)

Boy Elijah O'STEEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 2, 1972.

Attorney(s) appearing for the Case

Louis O. Frost, Jr., Public Defender, Bartley K. Vickers and Steven E. Rohan, Asst. Public Defenders, for appellant.

Robert L. Shevin, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., for appellee.

PER CURIAM.

Appellant seeks reversal of a judgment finding him guilty of violation of probation.

Appellant contends that the trial court's revocation of probation was erroneously based on conduct engaged in by appellant prior to his having been placed on probation. We agree.

In Brill v. State, 159 Fla. 682, 32 So.2d 607 (Fla. 1947), the Supreme Court speaking of conduct that would warrant revocation of probation said that the conduct contemplated by...

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