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PALINSKI v. STATE

No. 98-02608.

739 So.2d 1168 (1999)

Michael Dana PALINSKI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 21, 1999.

Attorney(s) appearing for the Case

Alfred J. Ivie, Dade City, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robert J. Krauss, Senior Assistant Attorney General, Tampa, for Appellee.

BLUE, Judge.

In his appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Michael Palinski challenges the revocation of his community control. Because our independent review of the record reveals that the State failed to prove a willful and substantial violation of condition three, we reverse the revocation and remand for further proceedings.

Following an evidentiary hearing...

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