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STATE v. JENKINS

No. 4D99-2105.

762 So.2d 535 (2000)

STATE of Florida, Appellant, v. Michael JENKINS, Appellee.

District Court of Appeal of Florida, Fourth District.

May 24, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellee.

WARNER, C.J.

We reverse the trial court's order dismissing a violation of probation affidavit against the appellee.

The trial court dismissed the probation violation on the ground that the state had nolle prossed the assault charge that was the basis for the appellee's violation of probation. A nolle prosequi only means that the state is not prepared to go forward with the prosecution of the criminal charge. At most...

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