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Ingold v. State

District Court of Appeal of Florida, Second District
Nov 10, 1999
746 So. 2d 495 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-02955.

Opinion filed November 10, 1999.

Appeal from the Circuit Court for Pinellas County; W. Douglas Baird, Judge.

Charles E. Lykes, Jr., Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.


The circuit court revoked David Ingold's probation based on its finding that Ingold evinced "a general lack of concern and general lack of compliance with the terms of his probation." The court did not reduce that finding to writing, nor did it make any other oral or written finding that Ingold had violated a specific condition of his probation. We reverse because the court's finding did not rise to the level required to justify the revocation of Ingold's probation.

Probation may be revoked only if the probationer has willfully and substantially violated a specific condition of his probation. See Fields v. State, 737 So.2d 1156 (Fla. 2d DCA 1999); Hightower v. State, 529 So.2d 726, 727 (Fla. 2d DCA 1988). Here, the evidence of Ingold's technical violations reflected a less-than-assiduous attention to some of his probation obligations. But we agree with the circuit court's apparent conclusion that the evidence did not warrant a finding that Ingold had willfully and substantially violated a specific condition.

Reversed.

WHATLEY, A.C.J., and SALCINES, J., Concur.


Summaries of

Ingold v. State

District Court of Appeal of Florida, Second District
Nov 10, 1999
746 So. 2d 495 (Fla. Dist. Ct. App. 1999)
Case details for

Ingold v. State

Case Details

Full title:DAVID C. INGOLD, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Nov 10, 1999

Citations

746 So. 2d 495 (Fla. Dist. Ct. App. 1999)