Legal Opinion

Boyington v. State

District Court of Appeal of Florida

Decided May 13, 2011No. 1D10-3867Published

1Per curiam

The appellant, Kevin Boyington, seeks review of the trial court’s order of revocation of community control. He argues, and the State concedes, that the trial court erred in revoking his community control solely based upon the allegation that he changed his address without permission. We agree and reverse.

The State filed a violation of community control affidavit alleging the following three grounds: (1) the appellant changed his residence without permission; (2) the appellant left his county of residence without permission; and (3) the appellant committed a new criminal offense. All three…

2Cases cited3 opinions

  1. Burgin v. StateDistrict Court of Appeal of Florida · 1993
  2. Frazier v. StateDistrict Court of Appeal of Florida · 1991
  3. Smith v. StateDistrict Court of Appeal of Florida · 1998

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