Legal Opinion

Sabljic v. State

District Court of Appeal of Florida

Decided July 16, 1997No. 97-1375Published

1Opinion of the Court

CONFESSION OF ERROR

2Per curiam

The order under review revoking the appellant’s probation and the consequent sen*548tence to the state prison are reversed and vacated because, as the state candidly and appropriately concedes, the alleged violation was neither willful nor substantial. Benavides v. State, 679 So.2d 1195 (Fla. 3d DCA 1996); Washington v. State, 579 So.2d 400 (Fla. 5th DCA 1991); Young v. State, 566 So.2d 69 (Fla. 2d DCA 1990). The defendant shall be released from custody forthwith.

3Cases cited3 opinions

  1. Young v. StateDistrict Court of Appeal of Florida · 1990
  2. Washington v. StateDistrict Court of Appeal of Florida · 1991
  3. Benavides v. StateDistrict Court of Appeal of Florida · 1996