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McMILLON v. STATE

No. 95-822.

681 So.2d 1174 (1996)

Leroy McMILLON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 31, 1996.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Dan D. Hallenberg, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Leroy McMillon timely appeals an order withholding adjudication of guilt and placing him on probation after he entered a plea of nolo contendere to battery upon a district school board employee, a violation of section 231.06, Florida Statutes (1993). We have jurisdiction and affirm.

McMillon was employed as a custodian at Wekiva Elementary School. When the principal, Sallie Jenkins, called him to the...

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