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MEDER v. STATE

No. 94-2075.

657 So.2d 1288 (1995)

Thomas MEDER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 2, 1995.

Attorney(s) appearing for the Case

Michael Dubiner of Dubiner & Blumberg, P.A., Boynton Beach, for appellant.

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

OPINION ON REHEARING

PER CURIAM.

We withdraw our previous per curiam affirmance and substitute the following opinion.

The state concedes having stipulated that the defendant should be permitted to withdraw his plea of guilty to the violation of probation. Thus, the undisputed evidence that the state breached its stipulation to allow appellant to vacate his plea to the probation violation requires...

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