COX v. STATE

No. 2D00-5480.

816 So.2d 160 (2002)

Jody COX, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 1, 2002.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann Pfeiffer Howe, Assistant Attorney General, Tampa, for Appellee.


BLUE, Chief Judge.

Jody Cox appeals the revocation of his probation, arguing that the State failed to prove that he committed a new law violation. We agree and reverse.

The State alleged that Cox violated a condition of his probation by engaging in reckless driving as evidenced by a citation issued by Hillsborough County Deputy Sheriff Gregory Mitchell. Although Deputy Mitchell was listed as a witness, he did not testify. Cox's probation officer was the only...

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