Hegarty v. State

District Court of Appeal of Florida

Hegarty v. State

589 So. 2d 1035, 1991 Fla. App. LEXIS 12811, 1991 WL 256207

CourtDistrict Court of Appeal of Florida

DecidedDecember 6, 1991

DocketNo. 90-00964

StatusPublished

This text of 589 So. 2d 1035 (Hegarty 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.

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Hegarty v. State, 589 So. 2d 1035, 1991 Fla. App. LEXIS 12811, 1991 WL 256207 (Fla. Ct. App. 1991).

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Opinion

HALL, Judge.

The appellant challenges the order revoking his probation in case numbers 87-12452 and 88-14695. We reverse.

[1036]*1036We agree with the appellant that the state failed to prove that he wilfully violated the conditions of his probation. Molina v. State, 520 So.2d 320 (Fla. 2d DCA 1988).

Accordingly, we reverse the revocation order and the sentence entered pursuant thereto and remand with directions to reinstate the order of probation.

Reversed and remanded.

SCHOONOVER, C.J., and FRANK, J„ concur.

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