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YATES v. STATE

No. 2D04-3604.

909 So.2d 974 (2005)

Frank YATES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 9, 2005.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Craig J. Trocino, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.

LaROSE, Judge.

Frank Yates appeals orders revoking his community control and imposing a three-year prison sentence. He claims that the asserted violation of a condition of his community control was not willful and substantial. We agree and reverse.

Special condition 17 of Mr. Yates' community control order required him to enter and successfully complete the PAR drug treatment program. After completing most of the program, Mr. Yates violated a PAR rule and...

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