Legal Opinion

Hernandez v. State

District Court of Appeal of Florida

Decided December 23, 1998No. 98-0805PublishedCited by 3 opinions

1Opinion

*887 ON MOTION FOR REHEARING

2Per curiam

We deny appellant’s motion for rehearing but vacate our prior opinion and substitute the following in its place. Appellant claims that the state failed to show that his admitted violation of probation for failing to report to his probation officer was willful and substantial. Since the trial court properly exercised its discretion in accepting the testimony of appellant’s probation officer and rejecting appellant’s contrary version of the events, we affirm. See Steiner v. State, 604 So.2d 1265, 1267 (Fla. 4th DCA 1992)(appellate court reviews trial court’s probation…

3Cases cited2 opinions

  1. Chatman v. StateDistrict Court of Appeal of Florida · 1978
  2. Ferris v. StateDistrict Court of Appeal of Florida · 1986

4Cited by3 opinions

  1. Turner v. StateDistrict Court of Appeal of Florida · 1999
  2. Lane v. StateDistrict Court of Appeal of Florida · 2000
  3. T.B. v. StateDistrict Court of Appeal of Florida · 2014

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