Florida District Courts of Appeal, 2011

Blake v. State

Blake v. State
Florida District Courts of Appeal · Decided May 27, 2011 · Nortwick, Rowe, Wetherell
61 So. 3d 1269; 2011 Fla. App. LEXIS 7736; 2011 WL 2091136 (Southern Reporter, Third Series)

Blake v. State

Opinion of the Court

PER CURIAM.

Upon the State’s proper concession of error, we reverse the revocation of Appellant’s probation and resulting sentence. The State presented insufficient evidence below that Appellant committed the new law violation of resisting an officer without violence. See Harris v. State, 647 So.2d 206, 208 (Fla. 1st DCA 1994). Accordingly, we REVERSE the revocation of Appellant’s probation and REMAND for reinstatement of probation.

VAN NORTWICK, WETHERELL, and ROWE, JJ., concur.

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