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Batson v. State

District Court of Appeal of Florida, First District
Jun 25, 1974
296 So. 2d 68 (Fla. Dist. Ct. App. 1974)

Opinion

No. V-109.

June 25, 1974.

Appeal from the Circuit Court, Okaloosa County, Charles A. Wade, J.

Richard W. Ervin, III, Public Defender, and David J. Busch, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for appellee.


Appellant herein seeks reversal of an order revoking his probation, adjudging him guilty of the original three counts of issuing worthless checks and sentencing him to three concurrent three year terms.

Under the facts of this case which include an affidavit being presented by appellant's probation supervisor, a warrant being issued and appellant's admission, with counsel present, of violations of the provisions of his probation, we find the appellant's contention of denial of due process, based on the grounds that no preliminary hearing was held prior to his final revocation hearing, to be without merit. See Singletary v. State, 290 So.2d 116 (Fla.App. 4th, 1974). Accordingly, the order, judgment and sentence appealed herein are affirmed.

SPECTOR, Acting C.J., and JOHNSON and BOYER, JJ., concur.


Summaries of

Batson v. State

District Court of Appeal of Florida, First District
Jun 25, 1974
296 So. 2d 68 (Fla. Dist. Ct. App. 1974)
Case details for

Batson v. State

Case Details

Full title:EMIL S. BATSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jun 25, 1974

Citations

296 So. 2d 68 (Fla. Dist. Ct. App. 1974)