Smith v. State

SCHEB, Judge.

This appeal is from the summary denial of Robert Smith’s motion to vacate and set aside his sentence pursuant to Fla.R.Crim.P. 3.850. Appellant Smith contends that his probation should be reinstated because it was revoked solely on the basis of his robbery conviction, which this court reversed on appeal. Appellant’s allegations, if true, would entitle him to the relief sought, and they are not refuted by the record. We therefore reverse and remand for an evi-dentiary hearing.

On December 2, 1974, appellant was placed on probation for two and a half years for the offense of grand…