MONFORTO v. State

NORTHCUTT, Judge.

Daniel Monforto was on probation when he was convicted of committing a new crime. The circuit court determined that Monforto violated his probation by virtue of the new conviction, whereupon the court revoked his probation. We reverse because this court subsequently reversed the conviction upon which the revocation was based. Monforto v. State, 28 So.3d 65 (Fla. 2d DCA 2009), review denied, No. SC09-1769, 2010 WL 1001357 (Fla. Mar. 17, 2010).

When seeking to have Monforto’s probation revoked, the State relied solely on the bare fact of Monforto’s new conviction. It offered no…