SWEETING v. STATE

No. 78-1325.

390 So.2d 773 (1980)

James SWEETING, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 24, 1980.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Lawrence J. Stein, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Anthony C. Musto, Asst. Atty. Gen., for appellee.

Before HUBBART, C.J., and SCHWARTZ and BASKIN, JJ.


BASKIN, Judge.

In this appeal from a trial court order revoking his probation, defendant Sweeting contends that the order placing him on probation was void because it was entered by the trial court after the court had vacated a sentence of imprisonment. He contends the trial court lacked jurisdiction to mitigate his prison sentence to probation and that his subsequent violation of that probation is without effect. We reluctantly agree. Existing law requires that we...

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