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SCOTT v. STATE

No. 5D04-2570.

909 So.2d 364 (2005)

Kenneth SCOTT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 2, 2005.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Brynn Newton, 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.

SHARP, W., J.

Kenneth Scott appeals from the revocation of his probation and sentence of five years in prison for battery on a law enforcement officer and resisting an officer with violence.1 On appeal, Scott argues it was error for a judge other than the judge who accepted his plea to the original charges to have presided over the probation violation proceeding. Scott also argues the judge who presided over the probation violation proceeding...

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