Florida District Courts of Appeal, 1984

Tatro v. State

Tatro v. State
Florida District Courts of Appeal · Decided March 15, 1984 · Dauksch, Scott, Sharp
446 So. 2d 1169; 1984 Fla. App. LEXIS 12193 (Southern Reporter, Second Series)

Tatro v. State

Opinion of the Court

PER CURIAM.

It appears from the record that the state failed to prove, by a greater weight of the evidence, that the appellant’s conduct violated the terms of his probation. Accordingly, the trial court abused its discretion in revoking appellant’s probation. The order of revocation of probation and the sentence imposed thereon are vacated and the cause remanded with directions to reinstate appellant’s probation.

DAUKSCH and SHARP, JJ., and SCOTT, R.C., Associate Judge, concur.

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