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WAGLE v. STATE

No. 5D05-3697.

951 So.2d 114 (2007)

Mark WAGLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 16, 2007.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Meghan Ann Collins, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Timothy D. Wilson, Assistant Attorney General, Daytona Beach, for Appellee.

EVANDER, J.

After an evidentiary hearing, appellant was found to have violated his community control and sentenced to five years in prison. We reverse.

The amended affidavit of violation of community control alleged appellant had violated two conditions of his community control. First, appellant was alleged to have violated Condition (16) of his community control order. This condition provided:

You will...

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