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Florida District Courts of Appeal, 2010

McKinney v. State

McKinney v. State
Florida District Courts of Appeal · Decided July 13, 2010 · Kahn, Roberts, Wolf
39 So. 3d 530; 2010 Fla. App. LEXIS 10131; 2010 WL 2735628 (Southern Reporter, Third Series)

McKinney v. State

Opinion of the Court

PER CURIAM.

Appellant challenges an order revoking his probation.* The State correctly concedes the trial court failed to conduct an appropriate inquiry pursuant to Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). We, therefore, reverse the order revoking probation and remand to the trial court for further proceedings.

WOLF, KAHN, and ROBERTS, JJ., concur.

We note the trial court found appellant guilty of violating probation, although the charging document alleged appellant violated the conditions of his community control.' In light of our decision, there is no need to address this discrepancy.

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