BUTLER v. STATE

No. 75-25.

330 So.2d 244 (1976)

Dannie Lee BUTLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 7, 1976.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow, and Ellen Condon, Asst. Public Defender, E.C. Watkins, Jr., Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.


HOBSON, Judge.

Appellant was placed on probation after pleading guilty to breaking and entering with intent to commit a misdemeanor. Later he was tried and acquitted for rape. He was then charged with probation violations arising from the same incident. A probation revocation hearing was held and testimony was taken as to the violation. Appellant denied the allegations. The court revoked probation and sentenced appellant to five years imprisonment.

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