McCUMBER v. STATE

No. 94-04251.

682 So.2d 1214 (1996)

Armando McCUMBER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 13, 1996.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Diane Buerger, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Stephen D. Ake, Assistant Attorney General, Tampa, for Appellee.


RYDER, Acting Chief Judge.

We reverse the order of revocation of probation because the evidence does not evince a substantial and willful violation.

Following a plea of no contest and adjudication of guilt for one count of engaging a child in sexual activity in violation of section 794.041, Florida Statutes (1991), Armando McCumber was sentenced to three years' imprisonment followed by ten years' probation. The two probation conditions at issue are:

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