MOSCHIANO v. STATE

No. 2D08-4904.

12 So.3d 922 (2009)

James P. MOSCHIANO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 17, 2009.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Tonja Rene Vickers, Assistant Attorney General, Tampa, for Appellee.


PER CURIAM.

James P. Moschiano appeals the revocation of an amended and reinstated term of probation and resulting sentence of five years' incarceration for domestic violence aggravated battery, a second-degree felony. We find no merit in the first argument, that the circuit court abused its discretion in rejecting his claim that although he admitted the violation, it was not willful or substantial. However, we conclude his second argument is meritorious—that...

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