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MORGAN v. STATE

No. 76-611.

341 So.2d 201 (1976)

Anthony Edward MORGAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Concurring Opinion on Denial of Rehearing January 28, 1977.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow, and Douglas A. Wallace, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie King, Asst. Atty. Gen., Tampa, for appellee.

GOBBIE, EVELYN, Associate Judge.

This is an appeal from revocation of appellant's probation. We hold such revocation was erroneous.

Appellant, pursuant to a plea negotiation, pled guilty to robbery. At arraignment, it was agreed that:

1. Appellant would serve no more than one year in county jail, if the presentence investigation proved negative as to any prior record; 2. Appellant would keep out of trouble prior to sentencing; and ...

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