Schrader v. State

District Court of Appeal of Florida

Schrader v. State

782 So. 2d 967, 2001 Fla. App. LEXIS 4774, 2001 WL 357015

CourtDistrict Court of Appeal of Florida

DecidedApril 11, 2001

DocketNo. 3D00-2450

StatusPublished

Cited by1 cases

This text of 782 So. 2d 967 (Schrader 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

Schrader v. State, 782 So. 2d 967, 2001 Fla. App. LEXIS 4774, 2001 WL 357015 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

We affirm the order revoking defendant’s probation for failure to submit to urinalysis upon the probation officer’s request. See Manon v. State, 740 So.2d 1253, 1256 (Fla. 3d DCA 1999)(whether probationer’s violation is willful and substantial is question of fact; trial court’s determination will not be overturned unless there is no supporting evidence). However, we strike that portion of the order finding that defendant violated probation by failing to pay costs of supervision. As the state properly concedes, the court granted defendant’s motion for judgment of acquittal as to that alleged violation.

Affirmed as modified.

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PER CURIAM.

We affirm the order revoking defendant’s probation for failure to submit to urinalysis upon the probation officer’s request. See Manon v. State, 740 So.2d 1253, 1256 (Fla. 3d DCA 1999)(whether probationer’s violation is willful and substantial is question of fact; trial court’s determination will not be overturned unless there is no supporting evidence). However, we strike that portion of the order finding that defendant violated probation by failing to pay costs of supervision. As the state properly concedes, the court granted defendant’s motion for judgment of acquittal as to that alleged violation.

Affirmed as modified.

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782 So. 2d 967, 2001 Fla. App. LEXIS 4774, 2001 WL 357015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schrader-v-state-fladistctapp-2001.

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