GARDNER v. STATE

No. 81-1409.

412 So.2d 10 (1981)

Henry Shoemaker GARDNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 30, 1981.


Attorney(s) appearing for the Case

Joseph M. Ciarciaglino, Jr., of Osborne & Ciarciaglino, St. Petersburg, for appellant.

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


SCHEB, Chief Judge.

Appellant pled guilty and was placed on probation for three years on April 7, 1978. On April 7, 1981, the state filed an affidavit that he had violated his probation. At the evidentiary hearing to determine whether probation should be revoked appellant moved to dismiss the charges on the ground that his probationary period had expired. The court denied the motion, revoked appellant's probation, and sentenced him to four years in prison. Appellant...

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