WHARTON v. STATE

No. 2D13-1480.

136 So.3d 632 (2013)

David Leroy WHARTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 8, 2013.


Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Pamela H. Izakowitz , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Dawn A. Tiffin , Assistant Attorney General, Tampa, for Appellee.


PER CURIAM.

David Leroy Wharton appeals from the judgment and prison sentence imposed after the circuit court found that he had violated his sex offender probation. Wharton contends that his violation was not willful, and the record supports his contention. The State concedes error. Accordingly, we reverse and remand for Wharton's probation to be reinstated.

In 2004, Wharton entered guilty pleas to two counts of sexual battery and two counts of lewd or lascivious...

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