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KAEHLER v. STATE

No. 94-2376.

654 So.2d 678 (1995)

Nichol J. KAEHLER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 24, 1995.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Mark C. Katzef, Asst. Atty. Gen., for appellee.

Before NESBITT, GERSTEN and GODERICH, JJ.

CONFESSION OF ERROR

PER CURIAM.

As the state correctly concedes, the trial court erred by considering an untimely filed charge in deciding whether to revoke the defendant's probation and sentence him to a term of community control. See State v. Hall, 641 So.2d 403 (Fla. 1994); Aguiar v. State, 593 So.2d 1225 (Fla. 3d DCA 1992); McPherson v. State, ...

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