CHRISTOPHER DRAYTON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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This cause is here on petition for writ of certiorari supported by certificate of the District Court of Appeal, Third District, that its decision is one which involves a question of great public interest. See Section 4(2), Article V, Constitution of Florida, F.S.A.
The factual circumstances, background and questions involved are set forth in the decision of the District Court reported at 177 So.2d 250.
The writ issued and oral argument by the parties has been heard. We hold that the District Court of Appeal correctly decided the issue before it, and we adopt such as the ruling of this court.
The writ of certiorari is accordingly
Discharged.
THORNAL, C. J., and DREW, O’CON-NELL, CALDWELL and ERVIN, JJ., concur.
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Shieder v. State, 430 So. 2d 537 (Fla. 5th DCA 1983)…70), quashed, 251 So. 2d 847 (Fla.1970); Coleman v. State, 205 So. 2d 5 (Fla. 3d DCA 1967); Hunter v. State, 200 So. 2d 577 (Fla. 3d DCA 1967) cert. dismd., 204 So. 2d 212 (Fla.1967); Drayton v. State, 177 So. 2d 250 (Fla. 3d DCA 1965) cert. dismd., 181 So. 2d 348 (Fla.1966). Section 775.14, Florida Statutes (1981), also provides that action to alter a withheld sentence must be taken within five years. See also Clark, Probation in the Criminal Courts of Florida, 14 U.Fla.L.Rev. 213, 218 (1961).…
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Johnson v. State, 332 So. 2d 362 (Fla. 1st DCA 1976)…101 So. 2d 869 (Fla.App.1st, 1958), cert. disch. 110 So. 2d 7 (Fla.1959). The court therefore had authority to correct the illegal sentence. Rule 3.800(a), R.Cr.P.; § 775.14, F. S.; Drayton v. State, 177 So. 2d 250 (Fla.App.3rd, 1965), cert. disch. 181 So. 2d 348 (Fla.1966). But because the adjudication on which the present ten year sentence rests was induced by a bargained plea on which appellant was assured that “you will not have to go to prison at all,” the spirit if not the letter of Rule 3.171, R.Cr.P.…
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Morgan v. Louie L. Wainwright, 676 F.2d 476 (11th Cir. 1982)…er Cochran, however, the Third District Court of Appeals flatly rejected a probationer’s claim that he had a right to a jury at his revocation hearing. Drayton v. State, 177 So. 2d 250, 252 (Fla.Dist.Ct.App.1965), cert. dismissed and ruling adopted, 181 So. 2d 348, 349 (Fla.1966). The Cochran dictum was revived in Hooks v. State, 207 So. 2d 459 (Fla.Dist.Ct.App.1968), which reversed a probation revocation order on the ground that the trial judge should have disqualified himself. The court noted Hooks’ denial…
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