SMARTMAYS v. STATE

No. 5D04-1990.

901 So.2d 278 (2005)

Terrence A. SMARTMAYS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 29, 2005.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.


PLEUS, J.

The defendant appeals from his judgment and sentence entered pursuant to the revocation of his probation. He raises two points. First he asserts that the affidavit alleging violation of probation was fundamentally defective because it was not sworn to before a person authorized to administer oaths under section 92.50, Florida Statutes. Second, the defendant argues that revocation of his probation based upon commission of a new offense was error because the...

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