HOPE v. STATE

No. BS-401.

513 So.2d 217 (1987)

Jerry Wayne HOPE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 23, 1987.


Attorney(s) appearing for the Case

Michael Allen, Public Defender, and P. Douglass Brinkmeyer, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Beverly Berry, Asst. Atty. Gen., for appellee.


PER CURIAM.

Appellant raised a single issue in his initial brief: Whether the probation order is illegal. Instead of filing an answer brief, the state filed a motion to relinquish jurisdiction for purposes of correcting appellant's sentence. The motion did not allege that the appeal would be mooted by the proceedings which would be conducted below, nor did it admit that the only error raised by appellant would be corrected by the proceeding. The motion did suggest...

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