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KELLY v. STATE

No. 81-548.

407 So.2d 1011 (1981)

Norman Delbert KELLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 23, 1981.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, Chief, Appellate Division, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Shawn L. Briese, Asst. Atty. Gen., Daytona Beach, for appellee.

FRANK D. UPCHURCH, Jr., Judge.

Appellant Norman Kelly appeals from an order withholding an adjudication of guilt and placing him on probation. We REVERSE.

Two off-duty deputies working as security guards at a skating rink saw Kelly standing next to his automobile in the parking lot. Kelly was drinking a bottle of beer and he appeared intoxicated. The guards asked appellant to either enter the skating rink or to leave. Kelly replied that he could drink his...

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