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BUTLER v. STATE

No. 2D05-1005.

932 So.2d 306 (2006)

Larry B. BUTLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 20, 2006.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Lisa Lott, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa, for Appellee.

VILLANTI, Judge.

Larry Butler appeals the trial court's revocation of his probation based on three new offenses — possession of cocaine, felony battery, and tampering with a witness. We affirm the revocation of probation based on felony battery and tampering with a witness; however, we reverse the revocation order as to the finding of a violation based on possession of cocaine because the State presented no evidence to support it.

At the evidentiary...

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