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MARSHALL v. STATE

No. 93-3706.

644 So.2d 171 (1994)

Roger Leon MARSHALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 26, 1994.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Frantz K. Vital, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ettie Feistmann, Asst. Atty. Gen., West Palm Beach, for appellee.

POLEN, Judge.

We affirm the trial court's order revoking Roger Leon Marshall's probation. We note, however, that the Order of Revocation incorporates the amended Affidavit of Violation of Probation as a basis for the revocation. We strike this incorporation to the extent that it is based on the two aggravated battery charges referred to in the affidavit, which were withdrawn by the state. See Secure v. State, 432 So.2d 630

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