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978 So. 2d 249

Docket No. 5D07-3296.

McCarty v. State

Caitlin S. McCARTY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2008-04-04

Cited by 2 later decisions — most recently August 2016

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2008-04-04

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¶1Richard L. Wilson, Orlando, for Appellant.

¶2Bill McCollum, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

¶3PER CURIAM.

¶4The order finding a violation of probation and modifying probation is reversed. The trial court erred in determining that the defendant's failure to attend an outpatient drug abuse treatment program amounted to a willful violation of probation. The defendant's probation officer acknowledged he authorized the defendant to report to the Altamonte Springs branch of the drug treatment program on May 18, 2007 and that she so reported. The defendant could not have been violated for having been discharged from the Lake Mary *250 branch of the treatment program on May 17, 2007.

¶5The cause is reversed and remanded for re-imposition of the original terms of probation.

¶6REVERSED AND REMANDED.

¶7PLEUS, MONACO and COHEN, JJ., concur.

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