BENEDICT v. STATE

No. 2D99-3935.

774 So.2d 940 (2001)

Michael David BENEDICT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 5, 2001.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Deborah F. Hogge, Assistant Attorney General, Tampa, for Appellee.


PATTERSON, Chief Judge.

Michael Benedict appeals from the order revoking his probation and the sentence imposed upon him for lewd act upon a child. He argues that his violation of probation was not willful and substantial. We agree and reverse.

While on probation, Benedict lived with his boss, Richard Jenkins, for about a year until Jenkins' daughter's marital difficulties caused her and her children to move to Jenkins...

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