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Florida District Courts of Appeal, 1997

Sabljic v. State

Sabljic v. State
Florida District Courts of Appeal · Decided July 16, 1997 · Jorgenson, Levy, Schwartz
696 So. 2d 547; 1997 Fla. App. LEXIS 8212; 1997 WL 401204 (Southern Reporter, Second Series)

Sabljic v. State

Opinion of the Court

CONFESSION OF ERROR

PER CURIAM.

The order under review revoking the appellant’s probation and the consequent sen*548tence to the state prison are reversed and vacated because, as the state candidly and appropriately concedes, the alleged violation was neither willful nor substantial. Benavides v. State, 679 So.2d 1195 (Fla. 3d DCA 1996); Washington v. State, 579 So.2d 400 (Fla. 5th DCA 1991); Young v. State, 566 So.2d 69 (Fla. 2d DCA 1990). The defendant shall be released from custody forthwith.

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