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LEWIS v. STATE

No. 4D01-4048.

874 So.2d 18 (2004)

James LEWIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 14, 2004.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Nan Ellen Foley, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.

WARNER, J.

Appellant appeals the trial court's order revoking his probation as well as the order of restitution. He claims that the trial court revoked his probation because he tested positive for marijuana when drug testing was not imposed as a condition of probation. Because the court found that appellant failed to abide by the conditions of probation by using a controlled substance, this drug testing issue was not properly...

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