Botarf v. State

867 So. 2d 1280, 2004 Fla. App. LEXIS 3836, 2004 WL 587655
District Court of Appeal of Florida·Decided March 26, 2004·No. No. 5D03-1072·Published·Cited by 2 cases

Opinion

PER CURIAM.

Based on the State’s concession of error, for which we commend it, the order finding Botarf in violation of his probation and the sentence imposed thereafter is reversed. On remand, the State may proceed on the original affidavit alleging that Botarf violated his probation, or may amend it. See Ray v. State, 855 So.2d 1260 (Fla. 4th DCA 2003).

REVERSED AND REMANDED.

PLEUS, PALMER and ORFINGER, JJ., concur.

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Botarf v. State, 867 So. 2d 1280, 2004 Fla. App. LEXIS 3836, 2004 WL 587655 (Fla. Ct. App. 2004).

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