Summary
requiring new VOP hearing, where revocation was based on two new offenses, and defendant had been acquitted after jury trial of one offense and second conviction was reversed on appeal
Summary of this case from Douglas v. StateOpinion
No. 99-0896.
Opinion filed December 15, 1999.
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Robert A. Hawley, Judge; L.T. No. 96-698.
Richard L. Jorandby, Public Defender, and Louis G. Carres, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.
Appellant's probation was revoked after he was charged with burglary and sexual battery. After the revocation, he was acquitted of the sexual battery, and, in Maximino v. State, 747 So.2d 448 (Fla. 4th DCA, 1999), we reversed his conviction for burglary for a new trial. In light of these developments, we have concluded that the revocation of probation should be reversed and reconsidered by the trial court.
FARMER, KLEIN and HAZOURI, JJ., concur.