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SHARPSTON v. STATE

No. 2D04-1939.

895 So.2d 1225 (2005)

Robert SHARPSTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 2, 2005.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Susan Martin, Special Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Tiffany Gatesh Fearing, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

A revocation of probation based solely upon proof of an arrest is improper. For this reason, we reverse the revocation of Robert Sharpston's probation.

As the supreme court has explained, "[t]he Florida Statutes do not authorize, nor would our constitution permit, a permanent revocation of probation based solely upon proof of an arrest during the probationary period." Hines v. State,

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