Opinion
CASE NO. 96-0820
Opinion filed December 4, 1996
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. Case No. 95-6857CF10A.
Richard L. Jorandby, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Edward Giles, Assistant Attorney General, West Palm Beach, for appellee.
The evidence was insufficient to support a finding that appellant violated his community control by committing the offense of loitering and prowling, section 856.021, Florida Statutes (1995). The state witnesses were unable to point to specific and articulable facts to warrant the conclusion that either a breach of the peace or a threat to the public safety was imminent. See McGee v. State, 673 So.2d 186 (Fla. 4th DCA 1996); Freeman v. State, 617 So.2d 432 (Fla. 4th DCA 1993); B.M. v. State, 553 So.2d 714 (Fla. 4th DCA 1989); Boal v. State, 368 So.2d 71 (Fla. 2d DCA 1979). The anonymous telephone tip and the general characteristics of the area, without more, did not amount to competent proof of a crucial element of the crime charged. The trial court did not find appellant guilty of any of the technical violations of community control charged.
The order revoking appellant's community control is reversed and the case is remanded to the trial court, where appellant's community control shall be reinstated.
KLEIN, GROSS, JJ., and GERSTEN, CAROL R., Associate Judge, concur.