ROTHERY v. STATE

No. 5D99-2273.

757 So.2d 1256 (2000)

David R. ROTHERY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 12, 2000.


Attorney(s) appearing for the Case

Geoffrey P. Golub, Melbourne, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.


W. SHARP, J.

Rothery appeals an order which revoked his probation, adjudicated him guilty of attempted sexual battery of his six-year-old daughter, and sentenced him to eleven years in prison to be followed by five years probation. Rothery argues that his probation was improperly revoked when the trial court determined that he willfully violated a special condition of probation. We agree and reverse.

In 1992, Rothery pled no contest to the attempted sexual...

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