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HARGIS v. STATE

No. 83-585.

451 So.2d 551 (1984)

David Kim HARGIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 21, 1984.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

The appellant, Hargis, pled nolo contendere to violating his probation on two burglary charges. He appeals, first claiming his sentencing was violative of section 775.14, Florida Statutes (1983) and, second, contending that the probationary portion of a sentence violative of the Villery1 case is "void" and therefore cannot be legally violated (even though Hargis expressly declined to seek vacation of the sentence via...

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