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MENDEZ v. STATE

No. 2D08-4047.

28 So.3d 948 (2010)

Maximiuano MENDEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 19, 2010.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Dawn A. Tiffin, Assistant Attorney General, Tampa, for Appellee.

MORRIS, Judge.

Maximiuano Mendez appeals his sentence of five years in prison imposed after the revocation of his probation for the offense of felony battery. We reverse and remand for further proceedings.

Mendez originally pleaded no contest to the offense of felony battery in exchange for five years' probation. An affidavit of probation was then filed charging Mendez with violating his probation by failing to report to the probation office upon his release...

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