Hegarty v. State

District Court of Appeal of Florida

Hegarty v. State

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

District Court of Appeal of Florida·Decided December 6, 1991·No. No. 90-00964·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

589 So. 2d 1035 (Hegarty v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related