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CERNY v. STATE

No. 2D09-5338.

65 So.3d 609 (2011)

John Alan CERNY, Jr., a/k/a John Alan Cerny, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 22, 2011.

Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and William L. Sharwell , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Diana K. Bock , Assistant Attorney General, Tampa, for Appellee.

WALLACE, Judge.

John Alan Cerny, Jr., appeals the order revoking his probation and his resulting sentences. Because the State failed to prove by a preponderance of the evidence the new law violation upon which the circuit court based the order revoking Mr. Cerny's probation, we reverse.

I. THE FACTUAL AND PROCEDURAL BACKGROUND

On August 8, 2007, Mr. Cerny entered guilty pleas to the charges in circuit court case numbers 07-CF-10918, 07-CF-14421,...

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