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469 So. 2d 1383

469 So.2d 1383

10 Fla.L.Weekly 297

State v. Sanderson

Supreme Court of Florida

Decided May 23, 1985

Supreme Court of Florida · decided 1985-05-23

Relies on 452 So. 2d 606 - Hicks v. State · Sanderson v. State

Decided 1985-05-23

McDonald, justice.

¶1We accepted jurisdiction in Sanderson v. State, 447 So.2d 374 (Fla. 1st DCA 1984), because a portion of that decision conflicts with Hicks v. State, 452 So.2d 606 (Fla. 4th DCA 1984). We have approved Hicks, No. 65,495 (Fla. May 23, 1985), and therefore quash the portion of Sandersonholding that a probationer is not entitled to appointed counsel at a probation revocation hearing. We approve the court’s finding an insufficient waiver of counsel by Sanderson.

¶2The decision of the district court is therefore quashed in part, and approved in part, and remanded for further consideration in light of our approval of Hicks.

¶3It is so ordered.

BOYD, C.J., and OVERTON, EHRLICH and SHAW, JJ., concur.ADKINS and ALDERMAN, JJ., dissent.
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