ZIEGLER v. STATE

No. 79-950.

380 So.2d 564 (1980)

Joel ZIEGLER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 4, 1980.


Attorney(s) appearing for the Case

Gary B. Sack, Miami, for appellant.

Jim Smith, Atty. Gen. and Steven L. Bolotin, Asst. Atty. Gen., for appellee.

Before HENDRY and SCHWARTZ, JJ., and VANN, HAROLD R. (Ret.), Associate Judge.


SCHWARTZ, Judge.

The defendant has appealed an order denying his motion, filed pursuant to Section 948.05, Fla. Stat. (1977), for early termination of a ten-year period of probation which had been previously and lawfully imposed. Since the authority conferred upon the court by Section 948.05 is entirely a matter of grace, we hold that an order denying that relief is non-appealable. Just as the defendant could not have complained to an appellate court if he had been...

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