GORDON v. STATE

No. PP-398.

379 So.2d 1022 (1980)

Robert Earl GORDON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 14, 1980.


Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Carl S. McGinnes, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.


McCORD, Judge.

Appellant seeks review of the trial court's denial of his motion to correct sentence. We reverse.

On May 1, 1979, while on probation, appellant was jailed on a charge of burglary on which he was subsequently acquitted. On May 26, 1979, while appellant remained in jail on the burglary charge, an affidavit alleging a violation of probation on the basis of the burglary charge was served on appellant. Pursuant to that affidavit, the trial court...

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