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312 So. 2d 482

Parent v. State

District Court of Appeal of Florida · decided 1975-05-09

Cited by 2 later decisions — most recently September 1978

2 state decisions

Relies on 305 So. 2d 309 - Brown v. State · Farhat v. State

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Decided 1975-05-09

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PER CURIAM.

¶1Appellant appeals his probation revocation and sentence thereunder. We affirm on the premise of Brown v. State, 305 So.2d 309 (4th D.C.A.Fla.1974):

“[F.S. 924.06] clearly limits this appeal to review of proceedings that occurred after the entry of the order of probation.”

¶2Appellant has collaterally questioned his original sentence. We are not unaware of Farhat v. State, 293 So.2d 723 (1st D.C.A. Fla.1974), in which a felony judgment on insufficient evidence limited any sentencing thereafter if probation were revoked, but deem it inapplicable to this circumstance because appellant here did not timely appeal his adjudication and sentence as did the defendant in Farhat. We affirm with no restrictions upon appellant’s right to make a motion under F.R.Cr.P. 3.850, if there is any question of new evidence.

¶3Affirmed.

WALDEN, MAGER and DOWNEY, JJ., concur.
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