OATES v. STATE

No. 2D03-1624.

872 So.2d 351 (2004)

Earl Cornelius OATES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 21, 2004.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.


PER CURIAM.

Earl Cornelius Oates appeals the trial court's order revoking his probation for aggravated assault and imposing a sentence of 58.5 months' imprisonment. The trial court found that Oates willfully and substantially violated four conditions of his probation. We conclude that the State proved only two of the four violations found by the trial court. Because we are unable to conclude that the trial court would have revoked Oates' probation on account of the...

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