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McCarty v. State

District Court of Appeal of Florida, Fifth District
Apr 4, 2008
978 So. 2d 249 (Fla. Dist. Ct. App. 2008)

Summary

holding that defendant's discharge from one branch of a drug treatment program was not a willful violation of probation because his probation officer had authorized the defendant to report to another branch

Summary of this case from Royal v. State

Opinion

No. 5D07-3296.

April 4, 2008.

Appeal from the Circuit Court for Seminole County, Debra S. Nelson, Judge.

Richard L. Wilson, Orlando, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.


The order finding a violation of probation and modifying probation is reversed. The trial court erred in determining that the defendant's failure to attend an outpatient drug abuse treatment program amounted to a willful violation of probation. The defendant's probation officer acknowledged he authorized the defendant to report to the Altamonte Springs branch of the drug treatment program on May 18, 2007 and that she so reported. The defendant could not have been violated for having been discharged from the Lake Mary branch of the treatment program on May 17, 2007.

The cause is reversed and remanded for re-imposition of the original terms of probation.

REVERSED AND REMANDED.

PLEUS, MONACO and COHEN, JJ., concur.


Summaries of

McCarty v. State

District Court of Appeal of Florida, Fifth District
Apr 4, 2008
978 So. 2d 249 (Fla. Dist. Ct. App. 2008)

holding that defendant's discharge from one branch of a drug treatment program was not a willful violation of probation because his probation officer had authorized the defendant to report to another branch

Summary of this case from Royal v. State
Case details for

McCarty v. State

Case Details

Full title:Caitlin S. McCARTY, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 4, 2008

Citations

978 So. 2d 249 (Fla. Dist. Ct. App. 2008)

Citing Cases

Royal v. State

We reverse the finding that Royal violated condition four of his probation by leaving his county of residence…