JOSE DOMINGO GARCIA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1996-03-22
No. 95-01149
DANAHY, AC.J., and CAMPBELL and SCHOONOVER, JJ., concur.
670 So. 2d 1104 Florida District Court of Appeal, Second District (1996) Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant challenges the revocation of his community control. Because we agree with the appellant that the alleged violations were not willful and substantial, we reverse the appellant’s sentence and the revocation of his community control.

Reversed.

DANAHY, AC.J., and CAMPBELL and SCHOONOVER, JJ., concur.

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  • Smith v. State, 68 So. 3d 968 (Fla. 1st DCA 2011)
    …ecause the slight delay in appearing at the jail on the day he was to begin serving that term of incarceration was not shown to be a willful and substantial violation, the appellant’s probation should not have been revoked. See e.g. Garcia v. State, 670 So. 2d 1104 (Fla. 2d DCA 1996). The revocation of the appellant’s probation is therefore reversed, and the sentence imposed upon that revocation is vacated. The case is remanded, with the appellant to be released from that prison sentence. HAWKES, J., Concurs…

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