Bell v. State

ON MOTION FOR REHEARING AND REQUEST FOR CERTIFICATION OF DIRECT CONFLICT

We deny the motion for rehearing, but as also done in Delee v. State, No. 3D01-1004, 27 Fla. L. Weekly D698, — So.2d -, 2002 WL 460352 (Fla. 3d DCA March 27, 2002), we certify direct conflict with Carter v. State, 24 Fla. L. Weekly D1063, — So.2d -, 1999 WL 289215 (Fla. 1st DCA 1999), rev. granted, 740 So.2d 528 (Fla.1999), which held that the failure to file a single monthly report, by itself, cannot establish a substantial violation of the terms of probation. This is precisely the situation here. Earnest Bell failed to…