Legal Opinion

Messineo v. State

District Court of Appeal of Florida

Decided September 18, 2015No. 5D15-80PublishedCited by 1 opinion

1Opinion of the CourtEdwards, J.

Brittany Messineo (“Appellant”), appeals the trial court’s ruling that she violated three conditions of her probation: Condition 4, which prohibited possession of weapons, Condition 23, which required Appellant to perform forty hours of community service, and Condition 24, which required her to undergo a psychological evaluation. Because there was no evidence of a willful and substantial violation, we reverse the lower court’s order and remand to the trial court to vacate the judgment of conviction for violation of probation.

Appellant pleaded guilty to resisting arrest with violence and…

2Cases cited5 opinions

  1. J.D.L.R. v. StateDistrict Court of Appeal of Florida · 1997
  2. Paterson v. StateDistrict Court of Appeal of Florida · 1993
  3. Bishop v. StateDistrict Court of Appeal of Florida · 2008
  4. Ballien v. StateDistrict Court of Appeal of Florida · 2006
  5. D.J. v. StateDistrict Court of Appeal of Florida · 2011

3Cited by1 opinion

  1. Ryan Lee Scheurman v. State of FloridaDistrict Court of Appeal of Florida · 2025

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