JAMES GENTIL CHERRY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2003-10-01
No. 3D03-549
Before SCHWARTZ, C.J., and LEVY and GODERICH, JJ.
855 So. 2d 263 Florida District Court of Appeal, Third District (2003) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the order revoking the defendant’s community control finding that the State failed to meet its burden of showing that the violation was willful and substantial. See Boatwright v. State, 847 So. 2d 1141, 1142 (Fla. 3d DCA 2003); Thomas v. State, 760 So. 2d 1138, 1139 (Fla. 5th DCA 2000); Jones v. State, 730 So. 2d 349 (Fla. 4th DCA 1999).

Reversed.


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  • VAN Hare v. VAN Hare, 870 So. 2d 125 (Fla. 4th DCA 2003)
    …endant is entitled to be represented by counsel, have compulsory process for the attendance of witnesses, and to testify in his or her own defense. Failure to comply with the procedural requirements of this rule is reversible error. Willis v. State, 855 So. 2d 263 (Fla. 4th DCA 2003); Neilinger v. Jenne, 830 So. 2d 245 (Fla. 4th DCA 2002); Baker v. Green, 732 So. 2d 6, 7 (Fla. 4th DCA 1999). As to the civil contempt, the former husband is in arrears and does not dispute such. The order provides that unless p…

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