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ALSTON v. STATE

No. 82571.

646 So.2d 184 (1994)

Kenny ALSTON, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

November 3, 1994.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Valerie Jonas and Louis Campbell, Asst. Public Defenders, Miami, for petitioner.

Robert A. Butterworth, Atty. Gen., and Linda S. Katz, Asst. Atty. Gen., Miami, for respondent.

WELLS, Justice.

We have for review Alston v. State, 623 So.2d 1226 (Fla.3d DCA 1993), which expressly and directly conflicts with the opinion in Jones v. State, 348 So.2d 942 (Fla. 2d DCA 1977). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Several weeks after Alston received a community control sentence, a community control officer observed him standing on a...

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