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STATE v. KERN

No. 2D07-2352.

996 So.2d 263 (2008)

STATE of Florida, Appellant, v. Levi KERN, Appellee.

District Court of Appeal of Florida, Second District.

December 24, 2008.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellant.

Scott Timothy Smith of Law Offices of Harp & Smith, Brooksville, for Appellee.

ALTENBERND, Judge.

The State appeals an "order of dismissal" entered in a probation revocation proceeding. The probation was originally imposed in a juvenile delinquency case for two misdemeanor offenses. The circuit court entered the order now on appeal to dispose of a pending charge of violation of probation when it learned that the probationer, Levi Kern, was now serving ten years in prison on unrelated charges. We find no abuse of discretion in the circuit court...

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