Summary
finding no abuse of discretion in the trial court's revocation of defendant's probation based solely on defendant's single failure to file a monthly report
Summary of this case from Gill v. McNeilOpinion
Case No. 1D98-2881.
Opinion filed June 7, 2004.
An appeal from the Circuit Court for Escambia County. Michael Jones, Judge.
Nancy A. Daniels, Public Defender and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.
Charles J. Crist, Jr., Attorney General and Karla D. Ellis and Charmaine M. Millsaps, Assistant Attorneys General, Tallahassee, for Appellee.
OPINION ON REMAND
This case is before us on remand following the decision of the Florida Supreme Court in this case, State v. Carter, 835 So.2d 259 (Fla. 2002), quashing and remanding the decision of this court in this case, Carter v. State, 24 Fla. L. Weekly D1063, ___ So.2d ___ (Fla. 1st DCA April 30, 1999). We set aside the prior opinion of this court issued herein. Pursuant to the holding in State v. Carter, we find no abuse of discretion in the trial court's revocation of Carter's probation, 835 So.2d at 262, and we affirm the order on appeal.
AFFIRMED.
BARFIELD, VAN NORTWICK AND PADOVANO, JJ., concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.