Opinion
No. 91-67.
June 27, 1991.
Appeal from the Circuit Court for Dade County; Philip S. Davis, Judge.
Bennett H. Brummer, Public Defender and Howard K. Blumberg, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen. and Avi J. Litwin, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and NESBITT and GERSTEN, JJ.
The appellant's probation was invalidly revoked for conduct which was not willful or wrongful in any way. See Scott v. State, 485 So.2d 40 (Fla. 2d DCA 1986). Accordingly, the judgment below is reversed and the cause remanded with directions to dismiss the proceeding for violation of probation. Rehearing is dispensed with and the mandate shall issue forthwith.