GARDNER v. STATE

No. 77-2155.

365 So.2d 1053 (1978)

Edward Rocky GARDNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 27, 1978.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Marc E. Kirk, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Benedict P. Kuehne, Asst. Atty. Gen., West Palm Beach, for appellee.


BERANEK, Judge.

Defendant was initially placed on three years' probation following a plea of guilty to the crime of aggravated assault. Defendant was subsequently found to be in violation of probation and sentenced to five years in prison. This appeal questions the validity of the violation of probation. We reverse.

The original order placing defendant on probation required as a condition of probation that he spend six months in the county jail. In addition...

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