SINGLETARY v. STATE

No. 86-3229.

537 So.2d 674 (1989)

Johnny Lee SINGLETARY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 18, 1989.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and Laura Griffin, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Asst. Atty. Gen., Tampa, for appellee.


THREADGILL, Judge.

Appellant contends that the trial court erred in revoking his probation on grounds he was drinking beer as he was never prohibited from drinking alcoholic beverages as a condition of his probation. We agree and reverse.

Appellant was placed on probation for five years for auto theft. At the sentencing hearing, the trial court recited that appellant was to be evaluated for alcohol and drug abuse and that the probation order was to "contain...

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