Legal Opinion · Concurrence

M.D.B. v. State

District Court of Appeal of Florida

Decided March 21, 2007No. 2D05-2881Published

1ConcurrenceIsom, Associate Judge

I concur with the majority’s decision that the revocation of probation must be reversed and this matter must be remanded for a new hearing. In order to more fully understand the background of this case, I believe a more thorough recitation of the surrounding facts may be of assistance.

FACTS

On January 10, 2005, M.D.B. entered a plea of guilty to a charge of misdemeanor battery in case number CRC04-09189 and adjudication was withheld. On May 12, 2005, the juvenile court conducted a pread-judicatory hearing conference on two unrelated juvenile delinquency cases2 which were scheduled for…

2Cases cited7 opinions

  1. Flanagan v. United StatesSupreme Court of the United States · 1984
  2. United States v. GarciaCourt of Appeals for the Fifth Circuit · 1975
  3. Larzelere v. StateSupreme Court of Florida · 1996
  4. United States v. Andrew PetzCourt of Appeals for the Eleventh Circuit · 1985
  5. Trocola v. StateDistrict Court of Appeal of Florida · 2004

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