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PAYTON v. STATE

No. 96-03127.

732 So.2d 1086 (1998)

Bruce E. PAYTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 31, 1998.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and A. Victoria Wiggins, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa, for Appellee.

PATTERSON, Judge.

Bruce Payton appeals from an order which withholds adjudication for possession of cocaine, does not place Payton on probation, and imposes court costs. This court held in Martin v. State, 600 So.2d 20 (Fla. 2d DCA 1992), that an order withholding adjudication without imposing probation is not an appealable order. Based on Martin, we treat the appeal as a petition for writ of certiorari, strike the...

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