McFADDEN v. STATE

No. 97-3911.

732 So.2d 1180 (1999)

James Joseph McFADDEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 28, 1999.


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 Terri Leon-Benner, Assistant Attorney General, Fort Lauderdale, for appellee.


FARMER, J.

Because the trial judge departed from the role of impartiality during a factfinding hearing, we reverse a final order of violation of probation.

Defendant had pleaded guilty to robbery with a firearm and was placed on two years probation as a habitual offender. Among the conditions of probation was a requirement that he file monthly reports with his probation officer (PO) and not depart from Broward County without the PO's permission.

In...

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