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CLARK v. STATE

No. 83-894.

442 So.2d 1076 (1983)

David CLARK, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 20, 1983.

Attorney(s) appearing for the Case

Martin Lemlich, Miami Beach, for appellant.

Jim Smith, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before HUBBART, FERGUSON and JORGENSON, JJ.

PER CURIAM.

In revoking Clark's probation the trial court stated that were the allegations of the affidavit of violation of probation all that were involved, she would be inclined not to revoke probation, but then characterized the allegations as the "final straw that breaks the camel's back." Because facts not alleged in the affidavit were the sine qua non of Clark's revocation, the revocation is reversed and remanded...

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