DANIELS v. STATE

No. 3D09-1454.

45 So.3d 922 (2010)

James DANIELS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 6, 2010.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Marti Rothenberg , Assistant Public Defender, for appellant.

Bill McCollum , Attorney General, and Heidi Milan Caballero , Assistant Attorney General, for appellee.

Before GERSTEN and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.


ROTHENBERG, J.

The defendant, James Daniels, appeals from an order revoking his probation and sentencing him to a term of 33.675 months in prison. We affirm, but remand for entry of an order consistent with this opinion.

Pursuant to a plea agreement entered on May 16, 2008, the defendant was sentenced to thirty days in jail followed by one year of probation. In August 2008, the State filed an affidavit of violation, and following a hearing held on August 26...

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