Howard v. State

Donnell Howard appeals a split sentence of prison and probation imposed after the trial court found that Howard had violated the conditions of a 1986 probationary term. We agree that the evidence was insufficient to prove a violation of probation, and reverse.

The specific violation ascribed to Howard was the burglary of a Tampa Ramada Inn and the theft of various items. Ann Bon-nett, a “night auditor,” observed two men removing property from the second floor of the motel. She called police, who arrived just as a vehicle containing the two men was leaving the parking lot. The car was stopped,…