Muldrow v. State

District Court of Appeal of Florida

Muldrow v. State

698 So. 2d 389, 1997 Fla. App. LEXIS 9689, 1997 WL 530341

CourtDistrict Court of Appeal of Florida

DecidedAugust 27, 1997

DocketNo. 97-0378

StatusPublished

This text of 698 So. 2d 389 (Muldrow 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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Muldrow v. State, 698 So. 2d 389, 1997 Fla. App. LEXIS 9689, 1997 WL 530341 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

The trial court did not abuse its discretion by finding that appellant violated condition 3 of his probation by changing his residence without the consent of his probation officer on August 29,1996. This ease is distinguishable from Tobias v. State, 641 So.2d 194 (Fla. 4th DCA 1994), where the evidence was that the defendant had not changed his residence; although he had not returned home for several days, Tobias had left all his belongings at a house located in Jupiter and the owner expected that he would continue to live there. Also, unlike Thomas v. State, 672 So.2d 587 (Fla. 4th DCA 1996), one view of the evidence here is that appellant had moved prior to his contact with the police officer at the halfway house on September 1, so his leaving the house preceded the trespass citation and was not precipitated by it.

AFFIRMED.

WARNER, SHAHOOD and GROSS, JJ., concur.

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PER CURIAM.

The trial court did not abuse its discretion by finding that appellant violated condition 3 of his probation by changing his residence without the consent of his probation officer on August 29,1996. This ease is distinguishable from Tobias v. State, 641 So.2d 194 (Fla. 4th DCA 1994), where the evidence was that the defendant had not changed his residence; although he had not returned home for several days, Tobias had left all his belongings at a house located in Jupiter and the owner expected that he would continue to live there. Also, unlike Thomas v. State, 672 So.2d 587 (Fla. 4th DCA 1996), one view of the evidence here is that appellant had moved prior to his contact with the police officer at the halfway house on September 1, so his leaving the house preceded the trespass citation and was not precipitated by it.

AFFIRMED.

WARNER, SHAHOOD and GROSS, JJ., concur.

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698 So. 2d 389, 1997 Fla. App. LEXIS 9689, 1997 WL 530341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muldrow-v-state-fladistctapp-1997.

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