Florida District Courts of Appeal, 1997

Moxey v. State

Moxey v. State
Florida District Courts of Appeal · Decided September 17, 1997 · Polen, Shahood, Stone
698 So. 2d 941; 1997 Fla. App. LEXIS 10576; 1997 WL 577591 (Southern Reporter, Second Series)

Moxey v. State

Opinion of the Court

PER CURIAM.

The judgment and sentence founded on a violation of Appellant’s probation are reversed. The state does not dispute that there was insufficient evidence of Appellant’s failure to comply with the payment provisions in conditions 10 and 11, as Appellant did not miss a payment deadline nor was there a schedule of payments due. Melecio v. State, 662 So.2d 408 (Fla. 1st DCA 1996). As to the violation of condition 3, moving without notification, we affirm.

As we cannot determine whether the court would impose the same judgment and sentence based solely on a violation of condition 3, we remand for further proceedings.

STONE, C.J., and POLEN and SHAHOOD, JJ., concur.

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