Sheltonv.State

District Court of Appeal of Florida, Fourth DistrictMay 19, 1982
413 So. 2d 486 (Fla. Dist. Ct. App. 1982)

No. 81-973.

May 19, 1982.

Appeal from Circuit Court, Palm Beach County; Carl H. Harper, Judge.

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Max Rudmann, Asst. Atty. Gen., West Palm Beach, for appellee.


ON MOTION FOR REHEARING


PER CURIAM.

The following is substituted for our previous opinion in this appeal.

Andrew Lee Shelton, while on probation, committed a sexual battery for which he has now been tried and convicted. His probation has been revoked based upon the same criminal activity. He appeals the conviction and the revocation.

We affirm the conviction, the sentence and the revocation.

AFFIRMED.

BERANEK, HERSEY and DELL, JJ., concur.