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DAVIS v. STATE

No. 97-2426.

706 So.2d 1381 (1998)

Richard Jermaine DAVIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 25, 1998.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Julie M. Levitt, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Lara J. Edelstein, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE and GREEN, JJ.

PER CURIAM.

We affirm the order revoking appellant's community control sentence where it was undisputed that appellant was away from his residence on several enumerated dates without permission, contrary to the terms of the community control order. See Porras v. State, 651 So.2d 183, 183 (Fla. 3d DCA 1995). Whether the appellant's absence from his residence at the prescribed times was excusable was a matter for the discretion...

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