McNEMAR v. STATE

No. 90-2822.

588 So.2d 605 (1991)

Michael McNEMAR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 6, 1991.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Amelia L. Beisner, Asst. Atty. Gen., Tallahassee, for appellee.


SHIVERS, Judge.

Appellant, Michael McNemar, appeals the trial court's revocation of his community control. We reverse the revocation for the reasons set out below.

In July 1989, McNemar pled nolo contendere to one count of lewd act upon a child and was placed on two years community control followed by thirteen years probation. Under the terms of his community control, McNemar was prohibited from being in the company of any child under the age of 16 years unless...

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