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DEL RIO v. STATE

No. 88-3129.

549 So.2d 766 (1989)

Mario DEL RIO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 3, 1989.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbush, Asst. Atty. Gen., for appellee.

Before NESBITT, COPE and LEVY, JJ.

LEVY, Judge.

Mario Del Rio, the defendant below, entered a plea of guilty, at his first appearance hearing, to a charge of violation of probation and was sentenced to thirty days in jail with credit for thirty days time served. Thereafter, the defendant was brought before a different judge who sua sponte vacated the first appearance plea and sentence, accepted the defendant's reaffirmation of the earlier entered plea...

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