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685 So. 2d 7

Jackson v. State

District Court of Appeal of Florida

Decided October 16, 1996

District Court of Appeal of Florida · decided 1996-10-16

Cited by 1 later decisions — most recently February 2005

1 state decisions

Key passage — most relied on by later courts

“the only adverse evidence concerned [the defendant] not submitting a written document required by the probation officer that would confirm his attendance”

quoted by 1 later decision, including Singleton v. State

Relies on Frazier v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-10-16

View the full empirical analysis of this case →

PER CURIAM.

¶1We affirm Appellant’s conviction and sentence following an order that he violated probation by committing the substantive offense of loitering and prowling. However, we remand for modification of the violation of probation order by striking, as a ground for violation, Appellant’s failure to attend Narcotics Anonymous or Alcoholics Anonymous meetings.

¶2As to his failure to attend meetings, the only adverse evidence concerned his not submitting a written document required by the probation officer that would confirm his attendance. However, the evidence does not reflect that his failing to submit the written document prior to his arrest on the substantive offense was willful. E.g., Frazier v. State, 587 So.2d 660 (Fla. 3d DCA 1991). The record does support the finding that Appellant violated his probation by committing the substantive offense.

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