Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided August 24, 2006No. 1D05-3257Published

1Opinion of the CourtVan Nortwick, J.

Autumn Smith appeals an order finding her in violation of probation, arguing that the trial court reversibly erred when it found that a violation of probation had been established based upon proof of the entry of a conviction entered upon a no contest plea contrary to Grizzard v. State, 881 So.2d 673 (Fla. 5th DCA 2004). We affirm.

In Grizzard, the Fifth District held that, although “[a] conviction entered upon a nolo contendere plea, standing alone, can constitute a sufficient basis upon which to revoke probation,” id. at 676 (citation omitted; emphasis added), the defendant “ ‘must be…

2Cases cited2 opinions

  1. Maselli v. StateSupreme Court of Florida · 1984
  2. Grizzard v. StateDistrict Court of Appeal of Florida · 2004

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