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SMITH v. STATE

No. 5D04-3226.

917 So.2d 409 (2006)

Erick D. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 6, 2006.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Susan A. Fagan, 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.

Smith appeals from an order that revoked his probation after he violated the terms of his probation by committing a criminal narcotics offense. His principal point on appeal is that the affidavit of probation filed by his probation officer and approved by her supervisor was not executed before a person authorized to administer an oath attesting to the truth of the facts supporting the allegations. Under the...

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