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BENAVIDES v. STATE

No. 95-1782.

679 So.2d 1195 (1996)

Fernando BENAVIDES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 16, 1996.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Andrew F. Rier, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Doquyen T. Nguyen, Assistant Attorney General, for appellee.

Before NESBITT, GODERICH and FLETCHER, JJ.

FLETCHER, Judge.

Fernando Benavides appeals an order revoking his probation and sentencing him to a term of twenty-five years in state prison, contending that the court erred in revoking his probation as his violation of certain conditions was not willful and substantial. For the reasons which follow, we reverse the revocation order and remand with instructions.

Benavides was charged in 1990 with multiple counts of lewd assault and sexual battery. He entered...

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