Duncan v. State

Full title: ADAM DUNCAN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jul 14, 1992

602 So. 2d 663 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-1155.

July 14, 1992.

Appeal from the Circuit Court, Dade County, Richard V. Margolius, J.

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Francine Thomas, Asst. Atty. Gen., for appellee.

Before FERGUSON, JORGENSON and COPE, JJ.

PER CURIAM.

Duncan appeals from an order modifying and extending his probation. Because there is no proof that Duncan violated probation, we reverse. Clark v. State, 579 So.2d 109 (Fla. 1991). We, therefore, instruct the trial court to vacate the order and discharge the defendant from legal constraint.