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DONALDSON v. STATE

No. 81-108.

407 So.2d 623 (1981)

Jessie Claude DONALDSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 29, 1981.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Julianne Piggotte McLarty, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Barbara Ann Butler, Asst. Atty. Gen., Daytona Beach, for appellee.

FRANK D. UPCHURCH, Jr., Judge.

Appellant was charged with violation of his probation. At the hearing, he admitted that he had pleaded nolo contendere to a shoplifting charge. Other than the fact of the nolo plea, no other evidence was presented as to a probation violation.1 The trial judge found that appellant had violated a condition of probation which stated: "you will live and remain at liberty without violating any law." Appellant...

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