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SHELTON v. STATE

No. 81-973.

413 So.2d 486 (1982)

Andrew Lee SHELTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 19, 1982.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Max Rudmann, Asst. Atty. Gen., West Palm Beach, for appellee.

ON MOTION FOR REHEARING

PER CURIAM.

The following is substituted for our previous opinion in this appeal.

Andrew Lee Shelton, while on probation, committed a sexual battery for which he has now been tried and convicted. His probation has been revoked based upon the same criminal activity. He appeals the conviction and the revocation.

We affirm the conviction, the sentence and the revocation.

AFFIRMED.

BERANEK, HERSEY and DELL...

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