DEMETRIUS MITCHELL, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
DEMETRIUS MITCHELL, PETITIONER,
STATE OF FLORIDA, RESPONDENT
911 So. 2d 93
Florida Supreme Court (2005)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Consistent with our decision in Woodson v. State, 889 So. 2d 823 (Fla.2004), we conclude that review herein was improvidently granted, and we hereby dismiss this review proceeding.
It is so ordered.
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Adams v. State, 979 So. 2d 921 (Fla. 2008)…on. Adams conflicts with decisions of the Second District Court of Appeal holding that, under such circumstances, revoking probation does constitute an abuse of discretion. See Mitchell v. State, 871 So. 2d 1040 (Fla. 2d DCA 2004), review dismissed, 911 So. 2d 93 (Fla.2005); Gessner v. State, 890 So. 2d 565, 566 (Fla. 2d DCA 2005). We have jurisdiction, see art. V, § 3(b)(3), and accepted review to resolve the conflict. See Adams v. State, 963 So. 2d 702 (Fla.2007) (accepting review). We hold that, even whe…1 / 2
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Rochester Warren v. State, 924 So. 2d 979 (Fla. 2d DCA 2006)…at “we will remand for reconsideration of the revocation order ‘when a substantial ground for revocation was reversed leaving only proof of the violation of a technical ground to support the revocation’ ”), review dismissed as improvidently granted, 911 So. 2d 93 (Fla.2005). Reversed and remanded. SILBERMAN and LaROSE, JJ., Concur. . The June 23, 2004, second amended affidavit of violation of probation realleged the allegations contained in previous affidavits of violation of probation. . We note that th…
Authorities Cited
- Dwaine Woodson v. State, 889 So. 2d 823 (Fla. 2004)