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Hendrix v. State

District Court of Appeal of Florida, Second District
Mar 29, 2000
754 So. 2d 801 (Fla. Dist. Ct. App. 2000)

Opinion

No. 2D99-725.

Opinion filed March 29, 2000.

Appeal from the Circuit Court for Hillsborough County; Barbara Fleischer, Judge.

James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.


Jerry Hendrix appeals the order revoking his probation for failure to file one monthly report. We reverse.

"The technical omission of failing to submit one monthly report, by itself, is not a substantial violation that would support revocation of probation." Sanders v. State, 675 So.2d 665, 666 (Fla. 2d DCA 1996). Accord Moore v. State, 632 So.2d 199 (Fla. 1st DCA 1994).

Accordingly, we reverse the order of revocation of probation and remand for further consistent proceedings.

Reversed and remanded.

PATTERSON, C.J., and NORTHCUTT, J., Concur.


Summaries of

Hendrix v. State

District Court of Appeal of Florida, Second District
Mar 29, 2000
754 So. 2d 801 (Fla. Dist. Ct. App. 2000)
Case details for

Hendrix v. State

Case Details

Full title:JERRY HENDRIX, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Mar 29, 2000

Citations

754 So. 2d 801 (Fla. Dist. Ct. App. 2000)