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STATE v. AVILA

No. 46930.

327 So.2d 210 (1976)

STATE of Florida, Petitioner, v. Ignacio Frank AVILA, Respondent.

Supreme Court of Florida.

February 11, 1976.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Linda Collins Hertz, Asst. Atty. Gen., for petitioner.

Phillip A. Hubbart, Public Defender, and Kathleen Gallagher, Miami, Asst. Public Defender, for respondent.

OVERTON, Justice.

This is a petition for writ of certiorari to review a decision of the Third District Court of Appeal reported at 306 So.2d 550 (Fla.App.3rd, 1975). The District Court held a sentence of forty days in the county jail followed by five years probation to be a nullity insofar as the probation period was concerned. The trial judge found the defendant guilty of violating the...

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