Legal Opinion · Concurrence

Smith v. State

District Court of Appeal of Florida

Decided August 31, 2011No. 1D11-459Published

1ConcurrenceSwanson, J.

I concur in the majority’s decision to reverse the revocation of appellant’s probation and remand with instructions for his release from prison. I write only to express my opinion that the facts of this case serve to illustrate a clear abuse of a trial court’s discretion.

On September 14, 2010, pursuant to a negotiated agreement with the state, appellant entered a plea of no contest to a charge of the sale of a substance in lieu of cocaine, contrary to section 817.563, Florida Statutes (2009). The trial court imposed a term of probation of thirty months, with the special condition that…

2Cases cited3 opinions

  1. State v. CarterSupreme Court of Florida · 2002
  2. Eulo v. StateDistrict Court of Appeal of Florida · 2001
  3. Navedo v. StateDistrict Court of Appeal of Florida · 2003

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