SMITH v. STATE

No. 78-215.

358 So.2d 909 (1978)

Robert SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 24, 1978.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Bartow, for appellant.

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


SCHEB, Judge.

This appeal is from the summary denial of Robert Smith's motion to vacate and set aside his sentence pursuant to Fla.R.Crim.P. 3.850. Appellant Smith contends that his probation should be reinstated because it was revoked solely on the basis of his robbery conviction, which this court reversed on appeal. Appellant's allegations, if true, would entitle him to the relief sought, and they are not refuted by the record. We therefore reverse and remand for...

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