Botarf v. State

Full title: NORMAN J. BOTARF, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Mar 26, 2004

867 So. 2d 1280 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 5D03-1072.

Opinion filed March 26, 2004.

Appeal from the Circuit Court for Brevard County, John Dean Moxley, Jr., Judge.

James B. Gibson, Public Defender, and Thomas J. Lukashow, 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.

Based on the State's concession of error, for which we commend it, the order finding Botarf in violation of his probation and the sentence imposed thereafter is reversed. On remand, the State may proceed on the original affidavit alleging that Botarf violated his probation, or may amend it. See Ray v. State, 855 So.2d 1260 (Fla. 4th DCA 2003).

REVERSED AND REMANDED.

PLEUS, PALMER and ORFINGER, JJ., concur.