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STATE v. M.R.T.

No. 5D03-1098.

848 So.2d 467 (2003)

STATE of Florida, Petitioner, v. M.R.T., A Child, Respondent.

District Court of Appeal of Florida, Fifth District.

July 3, 2003.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Petitioner.

No Appearance for Respondent.

PER CURIAM.

The state petitions for a writ of certiorari to review the trial court's order terminating probation. We grant the petition and quash the order terminating probation, because the trial court was without jurisdiction to modify the defendant's sentence of probation during the pendency of an appeal.

M.R.T., a juvenile, was found guilty of battery, adjudicated delinquent, and placed on probation for one year. M.R.T. filed a timely notice of appeal...

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