From Casetext: Smarter Legal Research

Miller, v. State

District Court of Appeal of Florida, First District
Aug 17, 2006
936 So. 2d 729 (Fla. Dist. Ct. App. 2006)

Opinion

Nos. 1D05-0798, 1D05-0883.

August 17, 2006.

Appeal from the Circuit Court, Baker County, David A. Giant, J.,

Nancy A. Daniels, Public Defender, and A. Victoria Wiggins, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General, and Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee.


We reverse the orders revoking Appellant's concurrent terms of probation. The curfew and weekly reporting requirement were imposed as conditions of release following Appellant's arrest for alleged probation violations that were subsequently dismissed. Because the curfew and weekly reporting requirement were not conditions of probation, the violation of those conditions may not serve as a basis for probation revocation. Accordingly, we reverse and remand for reinstatement of the concurrent terms of probation.

REVERSED and REMANDED.

DAVIS, POLSTON, and HAWKES, JJ., concur.


Summaries of

Miller, v. State

District Court of Appeal of Florida, First District
Aug 17, 2006
936 So. 2d 729 (Fla. Dist. Ct. App. 2006)
Case details for

Miller, v. State

Case Details

Full title:Travis Tyrone MILLER, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Aug 17, 2006

Citations

936 So. 2d 729 (Fla. Dist. Ct. App. 2006)