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Smith v. State

District Court of Appeal of Florida, Fifth District
Oct 26, 2007
967 So. 2d 1001 (Fla. Dist. Ct. App. 2007)

Opinion

No. 5D07-479.

October 26, 2007.

Appeal from the Circuit Court for Marion County, Brian Lambert, Judge.

James S. Purdy, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.


Appellant challenges the revocation of his probation for walking across the county line for help when his car broke down. Because the record does not support the trial court's finding that Appellant willfully and substantially violated his probation, we reverse.

REVERSED.

ORFINGER and MONACO, JJ., concur.


Summaries of

Smith v. State

District Court of Appeal of Florida, Fifth District
Oct 26, 2007
967 So. 2d 1001 (Fla. Dist. Ct. App. 2007)
Case details for

Smith v. State

Case Details

Full title:Gary SMITH, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Oct 26, 2007

Citations

967 So. 2d 1001 (Fla. Dist. Ct. App. 2007)