DANIEL BUTLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DANIEL BUTLER, APPELLANT,
STATE OF FLORIDA, APPELLEE
572 So. 2d 1038
Florida District Court of Appeal, Fourth District (1991)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
LETTS and STONE, JJ., concur.
GLICKSTEIN, J., dissents with opinion.
Dissent
GLICKSTEIN, Judge,
dissenting.
I would reverse the trial court’s revocation of appellant’s probation and entry of judgment and sentence and find that the state failed to present any evidence demonstrating that appellant willfully refused to comply with the conditions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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In re Forfeiture OF ONE 1987 Velocity 30' Go-Fast Vessel, 577 So. 2d 678 (Fla. 4th DCA 1991)…ng must be alleged in addition to mere possession of a vessel with altered or covered hull numbers. There must be either guilty knowledge or intent alleged. See In re the Forfeiture of One 31' Sea-hawk “Cigarette” Vessel, hull number, not available, 572 So. 2d 1038 (Fla. 4th DCA 1991.) Further, when section 328.07 is read in pari materia with section 932.-704 it seems clear that the state must present proof of wrongdoing on the part of the owner of the boat. Section 932.704 provides, in relevant part: The sta…
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In re Forfeiture OF ONE 1980 Cessna T 207-A, 587 So. 2d 553 (Fla. 4th DCA 1991)…er the trial court nor the parties had the benefit of this court’s subsequent holdings that similar statutes require an allegation and proof of guilty knowledge or intent. In the recent case of In re Forfeiture of One 31' Seahawk “Cigarette” Vessel, 572 So. 2d 1038 (Fla. 4th DCA 1991), the seized vessel had no hull numbers, which was violative of section 328.07, Florida Statutes. We held that even though the statute made nonconforming craft “contraband” for the purposes of the forfeiture act, more than possess…