BENNETT v. STATE

No. 95-2162.

672 So.2d 606 (1996)

Robert Eugene BENNETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 24, 1996.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Raymond Dix, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Richard Parker, Assistant Attorney General, Department of Legal Affairs, Tallahassee, for Appellee.


PER CURIAM.

Robert Bennett appeals an order of the lower court finding him in violation of probation based on a conviction for battery. We reverse and remand.

At the violation of probation hearing, Bennett informed the lower court that he had filed a motion to withdraw his no contest plea entered in the battery case. Bennett argued that because the motion had not been ruled upon, his battery conviction was "pending." The lower court rejected this argument...

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