SMITH v. STATE

No. 2D00-2711.

805 So.2d 860 (2001)

Archie SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 12, 2001.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Brad Permar, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellee.


WHATLEY, Judge.

Archie Smith appeals an order revoking his probation. The order of revocation states that Smith violated the conditions of his probation "as alleged." It was alleged that Smith violated conditions one and five of his probation. However, at the hearing on the violation, the trial court dismissed the allegation that Smith violated condition five of his probation, as it found that there was insufficient evidence to support such allegation. Thereafter...

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