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Tatro v. State

District Court of Appeal of Florida, Fifth District
Mar 15, 1984
446 So. 2d 1169 (Fla. Dist. Ct. App. 1984)

Opinion

No. 82-1738.

March 15, 1984.

Appeal from Circuit Court, Seminole County; Dominick J. Salfi, Judge.

James K. Freeland, P.A., Orlando, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.


It appears from the record that the state failed to prove, by a greater weight of the evidence, that the appellant's conduct violated the terms of his probation. Accordingly, the trial court abused its discretion in revoking appellant's probation. The order of revocation of probation and the sentence imposed thereon are vacated and the cause remanded with directions to reinstate appellant's probation.

DAUKSCH and SHARP, JJ., and SCOTT, R.C., Associate Judge, concur.


Summaries of

Tatro v. State

District Court of Appeal of Florida, Fifth District
Mar 15, 1984
446 So. 2d 1169 (Fla. Dist. Ct. App. 1984)
Case details for

Tatro v. State

Case Details

Full title:WALLY S. TATRO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Mar 15, 1984

Citations

446 So. 2d 1169 (Fla. Dist. Ct. App. 1984)