GONZALEZ v. STATE

No. 3D02-1291.

828 So.2d 496 (2002)

Alexei GONZALEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 23, 2002.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Michael J. Neimand, Assistant Attorney General, and Jason Helfant, Assistant Attorney General, for appellee.

Before GREEN, SHEVIN and RAMIREZ, JJ.


SHEVIN, Judge.

Alexei Gonzalez appeals an order revoking probation and imposing sentence. We reverse.

The trial court revoked Gonzalez's probation finding that he violated a condition of probation by committing the crime of loitering and prowling. The testimony revealed that at approximately 9:30 p.m. an undercover officer observed a car being driven around for several minutes in a commercial area in which all the businesses were closed. The area had a high...

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