NADAL v. STATE

No. 3D02-2276.

855 So.2d 257 (2003)

Danny NADAL a/k/a Danny Torres, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 1, 2003.


Attorney(s) appearing for the Case

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

Charles J. Crist, Jr., Attorney General, and Richard L. Polin, Assistant Attorney General, and Robyn J. Cohen and Rebecca Plasencia, Certified Legal Interns, for appellee.

Before COPE and RAMIREZ, JJ., and NESBITT, Senior Judge.


PER CURIAM.

Danny Nadal appeals an order revoking his probation. We conclude that the order cannot be sustained on the present record and reverse it. This is, however, without prejudice to further proceedings in the trial court.

The evidence at the hearing showed that the defendant had been in possession of a firearm. It is evident that the trial court revoked his probation on the theory that as a convicted felon, it was illegal for the defendant to possess...

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