Opinion
No. 4D99-1030 4D99-1035
Opinion filed February 23, 2000 JANUARY TERM 2000
Consolidated appeals from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ana Gardiner, Judge; L.T. No. 97-22010 CF 10 98-13077 CF 10.
Richard L. Jorandby, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Barbara A. Zappi, Assistant Attorney General, Fort Lauderdale, for appellee.
We reverse Appellant's sentence and the order revoking community control and remand for further proceedings.
The state concedes that the evidence does not demonstrate a willful or substantial violation of community control. The record reflects that Appellant made reasonable efforts to get permission prior to returning to the NAACP program on November 17, 1998. The record also indicates that Appellant committed this violation unknowingly.
WARNER, C.J., STONE and HAZOURI, JJ., concur.