JOHNSON v. STATE

No. 96-4380.

712 So.2d 1134 (1998)

James Anton JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 9, 1998.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Fred Parker Bingham, II, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Carolyn J. Mosley, Assistant Public Defender, Tallahassee, for Appellee.


PER CURIAM.

Under the peculiar facts of this case, we must reverse appellant's conviction and sentence for violation of probation, as that matter was not properly before the court when the judgment and sentence were entered.

Appellant was found guilty of aggravated battery in circuit court case no. 90-3086 and was sentenced to 3½ years in prison to be followed by five years of probation. Later, he entered a plea to burglary of a dwelling and grand theft...

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