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Kemper v. State

District Court of Appeal of Florida, Second District
May 4, 1983
430 So. 2d 964 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-1801.

May 4, 1983.

Appeal from the Circuit Court, Hillsborough County, Richard E. Leon, J.

Jerry Hill, Public Defender, Bartow, and Deborah A. Adamson, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Theda James Davis, Asst. Atty. Gen., Tampa, for appellee.


Defendant appeals an order revoking his probation and imposing a three-year sentence. We find no merit in defendant's arguments that probation was erroneously revoked. Therefore, we affirm the probation revocation order and sentence.

However, the portion of the order revoking probation which states that probation was revoked because the defendant committed several offenses in Indiana on August 28, 1981, must be stricken. As the state concedes, no evidence was offered at the hearing concerning that alleged probation violation.

Accordingly, we AFFIRM with directions that the foregoing portion of the order be stricken.

OTT, C.J., and SCHEB and LEHAN, JJ., concur.


Summaries of

Kemper v. State

District Court of Appeal of Florida, Second District
May 4, 1983
430 So. 2d 964 (Fla. Dist. Ct. App. 1983)
Case details for

Kemper v. State

Case Details

Full title:RILEY E. KEMPER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: May 4, 1983

Citations

430 So. 2d 964 (Fla. Dist. Ct. App. 1983)

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