02-3044 LEE V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 02-3044 LEE V. STATE

Case Date: 12/17/2003

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT

DONTRELLE LEE, Appellant, vs. THE STATE OF FLORIDA, Appellee.

JULY TERM, A.D. 2003 ** ** ** ** ** ** CASE NO. 02-3044 LOWER TRIBUNAL CASE NO. 91-36195

Opinion filed December 17, 2003. An appeal from the Circuit Court of Miami-Dade County, Ronald C. Dresnick, Judge. Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, and England, Assistant Attorney General, for appellee. Before COPE, GODERICH, and FLETCHER, JJ. PER CURIAM. Dontrelle Lee appeals from an order revoking his probation and sentencing him to life in prison. a new hearing before a different We reverse and remand for judge, with directions to Andrea D.

consider whether revocation of probation is warranted based upon the charges alleged in the affidavit of violation of probation. If the court decides to revoke probation it shall resentence Lee. See e.g., Cheatham v. State, 751 So. 2d 751 (Fla. 3d DCA 2000).

Reversed and remanded.

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