Blake v. State

District Court of Appeal of Florida

Blake v. State

61 So. 3d 1269, 2011 Fla. App. LEXIS 7736, 2011 WL 2091136

CourtDistrict Court of Appeal of Florida

DecidedMay 27, 2011

DocketNo. 1D10-5124

StatusPublished

This text of 61 So. 3d 1269 (Blake 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

Blake v. State, 61 So. 3d 1269, 2011 Fla. App. LEXIS 7736, 2011 WL 2091136 (Fla. Ct. App. 2011).

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Opinion

PER CURIAM.

Upon the State’s proper concession of error, we reverse the revocation of Appellant’s probation and resulting sentence. The State presented insufficient evidence below that Appellant committed the new law violation of resisting an officer without violence. See Harris v. State, 647 So.2d 206, 208 (Fla. 1st DCA 1994). Accordingly, we REVERSE the revocation of Appellant’s probation and REMAND for reinstatement of probation.

VAN NORTWICK, WETHERELL, and ROWE, JJ., concur.

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PER CURIAM.

Upon the State’s proper concession of error, we reverse the revocation of Appellant’s probation and resulting sentence. The State presented insufficient evidence below that Appellant committed the new law violation of resisting an officer without violence. See Harris v. State, 647 So.2d 206, 208 (Fla. 1st DCA 1994). Accordingly, we REVERSE the revocation of Appellant’s probation and REMAND for reinstatement of probation.

VAN NORTWICK, WETHERELL, and ROWE, JJ., concur.

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Bluebook (online)

61 So. 3d 1269, 2011 Fla. App. LEXIS 7736, 2011 WL 2091136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blake-v-state-fladistctapp-2011.

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