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HEGARTY v. STATE

No. 90-00964.

589 So.2d 1035 (1991)

Mark Duane HEGARTY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 6, 1991.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Megan Olson, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Stephen A. Baker, Asst. Atty. Gen., Tampa, for appellee.

HALL, Judge.

The appellant challenges the order revoking his probation in case numbers 87-12452 and 88-14695. We reverse.

We agree with the appellant that the state failed to prove that he wilfully violated the conditions of his probation. Molina v. State, 520 So.2d 320 (Fla. 2d DCA 1988).

Accordingly, we reverse the revocation order and the sentence entered pursuant...

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