Legal Opinion

Joseph Patrick Dimaio, Sr. v. State of Florida

District Court of Appeal of Florida

Decided June 29, 2016No. 4D15-607Published

1Opinion of the Court

PERLMAN, SANDRA, Associate Judge.

Appellant Joseph Dimaio appeals from the order revoking his probation and sentencing him to an eight-year prison sentence. Because the trial court’s finding that Dimaio committed a willful and substantial violation of his probation is not supported by competent substantial evidence, we reverse.

In October 2011, the trial court sentenced Dimaio to ten years of probation for second-degree grand theft. Condition 3 of his probation ordered him as follows: “You will'remain in a specified place. You will not change your residence or employment or leave the county of…

2Cases cited4 opinions

  1. Riggins v. StateDistrict Court of Appeal of Florida · 2002
  2. Bauer v. StateDistrict Court of Appeal of Florida · 2012
  3. Weissbard v. StateDistrict Court of Appeal of Florida · 2000
  4. Hugan v. StateDistrict Court of Appeal of Florida · 2016

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