MARCANO v. STATE

No. 4D00-4460.

814 So.2d 1174 (2002)

Jesse MARCANO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 17, 2002.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Benjamin W. Maserang, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

Appellant challenges an order revoking his probation for failure to follow the recommended treatment plan of a substance abuse treatment facility. Because the evidence did not prove the violation was willful but was instead the result of his mental illness, we reverse.

Appellant entered into a plea agreement on seven counts of committing lewd and lascivious acts on a person under the age of sixteen. He was sentenced to fifteen years in prison and...

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