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NEELY v. STATE

No. 83-1565.

453 So.2d 129 (1984)

Jackson Leroy NEELY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 26, 1984.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lucinda H. Young, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Judge.

On October 17, 1983, the trial court revoked Neely's probation and sentenced him under the new sentencing guidelines, Florida Rule of Criminal Procedure 3.701, for carrying a concealed weapon in violation of section 790.01, Florida Statutes (1983). Neely was placed on probation on January 26, 1979, for five years, and on May 24, 1983, an affidavit of violation of probation was filed against him. He pleaded guilty to violating probation and the trial...

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