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GERBER v. STATE

No. 4D02-3541.

856 So.2d 1113 (2003)

Gary GERBER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 22, 2003.

Attorney(s) appearing for the Case

Cindy E. D'Agostino and Barbara J. Scheffer, Palm Beach Gardens, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

POLEN, J.

This appeal questions the propriety of a trial court modifying the terms of probation nine years after the sentence was imposed, in the absence of any allegation the appellant violated probation. For the reasons stated, we reverse.

In January of 1993, Gary Gerber ("Gerber") pled guilty to two counts of lewd assault. As a result of the plea, Gerber was sentenced to fifteen years of probation. The terms of the probation included, inter alia,

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