BERRY v. STATE

No. 85-55.

484 So.2d 86 (1986)

Jerome BERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 5, 1986.


Attorney(s) appearing for the Case

J. Marion Moorman, Public Defender, Bartow, and L.S. Alperstein, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Acting Chief Judge.

Defendant Jerome Berry challenges the revocation of his probation and his sentence as an habitual offender. We affirm the revocation, but we vacate his sentence.

In 1982 defendant pled nolo contendere to aggravated assault, and the trial court placed him on probation for three years. In October 1983 the court extended his probation for one year.

In December 1983 and February and August of 1984, defendant's probation officer...

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