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STATE v. ASKARY

No. 45740.

330 So.2d 458 (1976)

STATE of Florida, Petitioner, v. Michael David ASKARY, Respondent.

Supreme Court of Florida.

April 7, 1976.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Stephen V. Rosin, Asst. Atty. Gen., for petitioner.

OVERTON, Chief Justice.

This cause is before us on petition for writ of certiorari to review a decision of the Third District Court of Appeal reported at 294 So.2d 33 (Fla.App.3rd 1974). In its opinion the District Court held illegal an order of a trial court imposing three years probation with six months incarceration in the county jail as an initial condition, citing Hutchins v. State, 286 So.2d 244

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