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LAWTON v. STATE

No. 79-2167.

382 So.2d 868 (1980)

David W. LAWTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 23, 1980.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender and Steve Houchin, Legal Intern, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

David W. Lawton appeals from the revocation of his probation by the Charlotte County Circuit Court. We strike from the order of revocation of probation the finding that the appellant violated condition (5) of the terms of his probation by trespassing in violation of Section 810.09, Florida Statutes (1977). The revocation order is affirmed in all other respects.

It appears, however, from the record before us that the trial judge did not properly...

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