JOHNSON v. STATE

No. 4D99-2332.

756 So.2d 215 (2000)

Frank JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 19, 2000.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Siobhan Helene Shea, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for appellee.


OWEN, WILLIAM C., Jr., Senior Judge.

Appellant, while on probation, committed a battery on his girlfriend, resulting in revocation of probation and sentencing to state prison on the underlying offense. We affirm the revocation but vacate the sentence and remand for further proceedings.

We find from the record clear evidence to support the court's finding that appellant had wilfully violated a condition of his probation as charged. Appellant argues here, however...

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