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CABBAGESTALK v. STATE

No. 84-2150.

473 So.2d 718 (1985)

James A. CABBAGESTALK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 17, 1985.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The order revoking appellant's probation and ensuing sentence is reversed upon authority of Tamer v. State, 463 So.2d 1236 (Fla. 4th DCA Feb. 20, 1985), in which this court certified the following question to the Supreme Court of Florida:

UNDER THE 1983 AMENDMENT TO ARTICLE I, SECTION 12 OF THE FLORIDA CONSTITUTION, DOES THE EXCLUSIONARY RULE APPLY IN PROBATION REVOCATION HEARINGS?

We again certify...

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