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LeMASTER v. STATE

No. 1D99-2369.

765 So.2d 259 (2000)

Bryan LeMASTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 14, 2000.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Jamie Spivey, Assistant Public Defender, Tallahassee, Attorneys for Appellant.

Robert A. Butterworth, Attorney General, and Karla D. Ellis, Assistant Attorney General, Tallahassee, Attorneys for Appellee.

PER CURIAM.

This appeal arises from an order revoking Appellant's community control and imposing a prison sentence. Revocation based upon condition 9a was improper because the affidavits of violation of community control did not charge Appellant with violating this condition. See Brown v. State, 468 So.2d 439, 440-41 (Fla. 2d DCA 1985).

It is unclear from the record whether the trial court would have revoked Appellant...

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