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DRAYTON v. STATE

No. 85-1771.

490 So.2d 229 (1986)

Joseph DRAYTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 25, 1986.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Karla Foreman Wright, Asst. Public Defender, Tampa, for appellant.

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

SCHOONOVER, Acting Chief Judge.

Appellant, Joseph Drayton, appeals from a thirty month sentence imposed upon him for violating probation. We reverse.

On November 1, 1984, appellant was placed on probation for the offense of aggravated assault. On January 2, 1985, he was taken into custody and was charged with aggravated battery. On January 25, 1985, appellant was charged with violating condition (1) of his probation by failing to submit a monthly report on...

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