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FORCHIN v. STATE

No. 95-480.

660 So.2d 763 (1995)

Jackie FORCHIN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 11, 1995.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Consuelo Maingot, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and LEVY and GREEN, JJ.

PER CURIAM.

Jackie Forchin appeals an order revoking his probation based upon his alleged commission of tampering with physical evidence while on probation and failure to report to his probation officer as directed. Based upon this court's decision of State v. Jennings, 647 So.2d 294 (Fla. 3d DCA 1994), rev. granted, 659 So.2d 1089 (Fla. 1995), we find that the tampering charge could not legally serve as a basis for...

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