Kirkpatrick v. State

Full title: Steven KIRKPATRICK, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Mar 24, 2005

895 So. 2d 1289 (Fla. Dist. Ct. App. 2005)

Opinion

No. 5D04-1445.

March 24, 2005.

Appeal from the Circuit Court for Orange County, Thomas B. Smith, Judge.

James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. See McCarthren v. State, 635 So.2d 1005 (Fla. 5th DCA 1994) (holding probation is a matter of grace and is subject to the exercise of the trial court's discretion).

THOMPSON, ORFINGER and TORPY, JJ., concur.