ZELAYA v. STATE

No. 97-3399.

713 So.2d 1079 (1998)

Rene O. ZELAYA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 15, 1998.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Peggy Natale and Gary Caldwell, Assistant Public Defenders, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Douglas Gurnic, Assistant Attorney General, Fort Lauderdale, for appellee.


KLEIN, Judge.

Appellant's community control was revoked, and he appeals, arguing that the violation was not willful or substantial. We agree and reverse.

Appellant was employed by a landscaper and his community control required him to be at home if he was not at work. He was supposed to be home by 6:00 p.m., but his community control officer would give him a half hour travel time.

At approximately 6:30 p.m. appellant's community control officer saw...

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