5D07-479 Gary Smith v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-479

Case Date: 10/22/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2007

GARY SMITH, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed 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. LAWSON, J. 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. CASE NO. 5D07-479

ORFINGER and MONACO, JJ., concur.

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