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Bean v. State

59 So. 3d 384, 2011 Fla. App. LEXIS 6345, 2011 WL 1661438
CourtDistrict Court of Appeal of Florida
DecidedMay 4, 2011
Docket4D10-1207
StatusPublished

This text of 59 So. 3d 384 (Bean v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bean v. State, 59 So. 3d 384, 2011 Fla. App. LEXIS 6345, 2011 WL 1661438 (Fla. Ct. App. 2011).

Opinion

PER CURIAM.

We reverse the finding that appellant willfully violated his community control. Appellant’s house had been without electricity for several months, so he ran an extension cord from a neighbor’s house to charge a miniature tracking device used to monitor his whereabouts. He had been sleeping outside to stay within the range of the tracking device, but moved inside to a bedroom due to the cold weather. This move brought him outside of the range of the tracking device. The state presented no evidence that appellant intentionally disregarded the rules of the GPS monitoring system. See Correa v. State, 43 So.3d 738 (Fla. 2d DCA 2010).

Reversed and remanded.

GROSS, C.J., HAZOURI and CIKLIN, JJ., concur.

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Related

Correa v. State
43 So. 3d 738 (District Court of Appeal of Florida, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
59 So. 3d 384, 2011 Fla. App. LEXIS 6345, 2011 WL 1661438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bean-v-state-fladistctapp-2011.