Opinion
No. 98-04341.
Opinion filed November 5, 1999.
Appeal from the Circuit Court for Hillsborough County; Chet A. Tharpe, Judge.
James Marion Moorman, Public Defender, and Raymond Dix, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.
William Bradford Tenney appeals the order revoking his probation and sentencing him to prison. Tenney's conduct allegedly violated condition (a) but the allegations of the affidavit and the testimony in support did not constitute a violation of this condition. Accordingly, we reverse and remand for reinstatement of Tenney's probation.
Reversed and remanded.
PARKER, A.C.J., and BLUE, J., and DANAHY, PAUL W., (SENIOR) JUDGE, Concur.