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STATE EX REL. RUSSELL v. McGLOTHIN

No. 82-2883.

427 So.2d 280 (1983)

STATE of Florida, ex rel. James T. RUSSELL, As State Attorney in and for Pinellas County, Florida, Petitioner, v. Robert A. McGLOTHIN and Crockett Farnell, As Circuit Judge in and for Pinellas County, Florida, Respondents.

District Court of Appeal of Florida, Second District.

February 18, 1983.

Attorney(s) appearing for the Case

James T. Russell, State Atty., and Larry Sandefer, Asst. State Atty., Clearwater, for petitioner.

Jerry Hill, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for respondent McGlothin.

HOBSON, Acting Chief Judge.

The state of Florida petitions for common law certiorari challenging the order below which dismissed the warrant charging the defendant, Robert McGlothin, with two violations of his probation. The defendant was charged with violating his probation by 1) failing to live and remain at liberty without violating any law, and 2) by changing his residence without permission. The state, however, does not contest the dismissal of the second charge...

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