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MOXEY v. STATE

No. 96-3129.

698 So.2d 941 (1997)

Kevin MOXEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 17, 1997.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Cherry Grant, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The judgment and sentence founded on a violation of Appellant's probation are reversed. The state does not dispute that there was insufficient evidence of Appellant's failure to comply with the payment provisions in conditions 10 and 11, as Appellant did not miss a payment deadline nor was there a schedule of payments due. Melecio v. State, 662 So.2d 408 (Fla. 1st DCA 1995). As to the violation of condition 3...

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