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CHERRY v. STATE

No. 3D03-549.

855 So.2d 263 (2003)

James Gentil CHERRY, 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 Valerie Jonas, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and LEVY and GODERICH, JJ.

PER CURIAM.

We reverse the order revoking the defendant's community control finding that the State failed to meet its burden of showing that the violation was willful and substantial. See Boatwright v. State, 847 So.2d 1141, 1142 (Fla. 3d DCA 2003); Thomas v. State, 760 So.2d 1138, 1139 (Fla. 5th DCA 2000); Jones v. State, 730 So.2d 349...

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