MALLOY v. STATE

No. 79-1852.

380 So.2d 501 (1980)

John Emmett MALLOY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 22, 1980.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and Charles L. Stutts, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.


GRIMES, Chief Judge.

Appellant appeals from an order revoking his probation on the ground that the conduct upon which the court based the revocation took place before the entry of the probation order. We reverse.

The state charged appellant by information with burglary and petty theft. Pursuant to plea negotiations between his defense counsel and the state attorney, appellant pled guilty to both charges. The terms of the plea negotiations were that appellant...

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