DAVID ROQUE MAXIMINO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVID ROQUE MAXIMINO, APPELLANT,
STATE OF FLORIDA, APPELLEE
745 So. 2d 1128
Florida District Court of Appeal, Fourth District (1999)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant’s probation was revoked after he was charged with burglary and sexual battery. After the revocation, he was acquitted of the sexual battery, and, in Maximino v. State, 747 So. 2d 448 (Fla. 4th DCA 1999), we reversed his conviction for burglary for a new trial. In light of these developments, we have concluded that the revocation of probation should be reversed and reconsidered by the trial court.
FARMER, KLEIN and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gonzales v. State, 780 So. 2d 266 (Fla. 4th DCA 2001)…ant not guilty of the crime of aggravated battery does not require that the revocation of his probation, grounded on the facts underlying the aggravated battery charge, be set aside. Affirmed. POLEN and SHAHOOD, JJ, concur. . In Maximino v. State, 745 So. 2d 1128 (Fla. 4th DCA 1999) our entire opinion was as follows: Appellant's probation was revoked after he was charged with burglary and sexual battery. After the revocation, he was acquitted of the sexual battery, and in Maximino v. State, 747 So. 2d 448 (…
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Douglas v. State, 43 So. 3d 196 (Fla. 4th DCA 2010)…position testimony which suggested that VOP was improper). Cf. Humbert v. State, 933 So. 2d 726 (Fla. 2d DCA 2006) (remanding for new VOP hearing where conviction which formed the sole basis for revocation was reversed on appeal); Maximino v. State, 745 So. 2d 1128 (Fla. 4th DCA 1999) (requiring new VOP hearing, where revocation was based on two new offenses, and defendant had been acquitted after jury trial of one offense and second conviction was reversed on appeal). To establish a claim of newly discovered…
Authorities Cited
- Maximino v. State, 747 So. 2d 448 (Fla. 4th DCA 1999)