SMITH v. STATE

No. 3D11-1980.

100 So.3d 253 (2012)

Vernia SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 7, 2012.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Michael Mayer , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Lunar Claire Alvey , Assistant Attorney General, for appellee.

Before CORTIÑAS, LAGOA, and LOGUE, JJ.


LOGUE, J.

In this case, Vernia Smith appeals the trial court's order revoking his probation. As reflected below, we affirm in part and reverse in part.

On April 30, 2012, Smith pled guilty to the offense of unlawful driving as a habitual traffic offender and was placed on probation. While on probation, Smith was investigated for sexual battery, although he was never charged with that offense. Instead, as a result of the investigation, he was charged with violating...

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