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636 So. 2d 601

Flickinger v. State

District Court of Appeal of Florida · decided 1994-05-24

Relies on 465 So. 2d 384 - Popwell v. Greene

Decided 1994-05-24

PER CURIAM.

¶1It appearing that appellant’s probation was improperly revoked because the state failed to establish at the probation revocation hearing that the defendant committed, as charged, a new offense subsequent to being placed on probation (there being no evidence adduced as to when the new offense was committed) see and compare Stafford v. State, 465 So.2d 385 (Fla.1984), the order revoking same is reversed and the matter is returned to the trial court with directions to reestablish the probation.

¶2Reversed and remanded with directions.

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