DONNELL v. STATE

Nos. 4D99-1030 and 4D99-1035.

765 So.2d 71 (2000)

Johnnie A. DONNELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 23, 2000.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, Barbara A. Zappi, Assistant Attorney General, Fort Lauderdale, for appellee.


PER CURIAM.

We reverse Appellant's sentence and the order revoking community control and remand for further proceedings.

The state concedes that the evidence does not demonstrate a willful or substantial violation of community control. The record reflects that Appellant made reasonable efforts to get permission prior to returning to the NAACP program on November 17, 1998. The record also indicates that Appellant committed this violation unknowingly.

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