STATE v. GIBSON

No. 77-995.

353 So.2d 670 (1978)

STATE of Florida, Appellant, v. Tajuana Iona GIBSON, Appellee.

District Court of Appeal of Florida, Second District.

January 6, 1978.


Attorney(s) appearing for the Case

James A. Gardner, State's Atty., and Thomas M. Fitzgibbons, Asst. State's Atty., Sarasota, for appellant.

Jack O. Johnson, Public Defender, and David S. Bergdoll, Asst. Public Defender, Bartow, for appellee.


PER CURIAM.

The defendant in this case entered a plea of nolo contendere to a charge of aggravated battery by use of a firearm. After hearing from the victim of the battery who said that the defendant was justified under the circumstances in shooting him, the court withheld adjudication of guilt and placed defendant on probation for one year. The state then pursued an appeal in this court.

We first note that the state cannot appeal the order of the trial court...

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