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STAMBAUGH v. STATE

No. 4D04-3013.

891 So.2d 1136 (2005)

Kimberly STAMBAUGH, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

January 26, 2005.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, Daniel Cohen, and David John McPherrin, Assistant Public Defenders, West Palm Beach, for petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for respondent.

GROSS, J.

The core issue in this case is whether the filing of only an affidavit of violation of probation, without the issuance of an arrest warrant, tolls a probationary period under Chapter 948, Florida Statutes (2002). We hold that under these circumstances, the probationary period is not tolled.

This case reaches us on Kimberly Stambaugh's petition for certiorari...

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