HOWARD v. STATE

No. 89-00118.

552 So.2d 316 (1989)

Donnell P. HOWARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 17, 1989.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Stephen Krosschell, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, Peggy A. Quince, Asst. Atty. Gen., and Elaine L. Thompson, Certified Legal Intern, Tampa, for appellee.


PER CURIAM.

Donnell Howard appeals a split sentence of prison and probation imposed after the trial court found that Howard had violated the conditions of a 1986 probationary term. We agree that the evidence was insufficient to prove a violation of probation, and reverse.

The specific violation ascribed to Howard was the burglary of a Tampa Ramada Inn and the theft of various items. Ann Bonnett, a "night auditor," observed two men removing property from the...

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