JAMES EVANS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Selig v. State, 112 So. 3d 746 (Fla. 2d DCA 2013)
  …found himself in the no-win situation of having to choose between [*750] violating his probation by staying in the approved residence with the children or violating his pi-obation by failing to stay in that residence.” Id.; see also Newton v. State, 996 So. 2d 960, 962-63 (Fla. 2d DCA 2008) (concluding that State failed to establish a willful and substantial violation for failing to return to the probation office within twenty-four hours as instructed and changing residence without approval where State failed…
• Davis v. State (Fla. 1st DCA 2019)
  …and (3) Appellant could not afford the only suitable housing available for sex offenders because he was waiting for his social security disability to be reinstated. See Selig v. State, 112 So. 3d 746, 749-50 (Fla. 2d DCA 2013); Newton v. State, 996 So. 2d 960, 962-63 (Fla. 2d DCA 2008). In conclusion, we reverse the revocation of Appellant’s sex offender probation and remand for further proceedings on the issue of whether Appellant had the opportunity to obtain an exemption from the fee for updating…

Authorities Cited

• Dwyer v. State, 981 So. 2d 606 (Fla. 4th DCA 2008)