SMITH v. STATE

No. 98-497.

738 So.2d 433 (1999)

James Michael SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 15, 1999.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Laura Fullerton Lopez, Assistant Attorney General, and James W. Rogers, Senior Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

James Michael Smith appeals the order revoking his probation and the seventy-month prison sentence imposed in the wake of the revocation. We affirm the court's finding that Mr. Smith's failure to obtain a mental evaluation violated a condition of his probation, but reverse the other findings of violation. Unable to determine on this record how the court would have exercised its discretion absent finding violations we conclude were not properly pleaded...

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