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BUSH v. STATE

Nos. 78-1043, 78-1377.

369 So.2d 674 (1979)

Christopher A. BUSH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 17, 1979.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Mark King Leban, Special Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before BARKDULL, HUBBART and SCHWARTZ, JJ.

SCHWARTZ, Judge.

In 1977, Bush pled nolo contendere to a charge of battery on a law enforcement officer; adjudication of guilt was withheld and he was placed on two and a half years probation. While that judgment, which was not stayed or superseded, was on appeal to this court,1 Bush was charged with and convicted of the sale of heroin. Because of the heroin violation, his existing probation for the battery charge was revoked; he was adjudicated...

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