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39 So. 3d 530

McKinney v. State

District Court of Appeal of Florida · decided 2010-07-13

Relies on Faretta v. California

Decided 2010-07-13

PER CURIAM.

¶1Appellant 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.

¶2We 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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