Legal Opinion

Mackey v. State

District Court of Appeal of Florida

Decided March 7, 2001No. Nos. 4D00-2117, 4D00-2118Published

1Per curiam

We affirm the revocation of appellant’s community control due to his discharge from a residential substance abuse treatment program. Unlike the probationer in Rainer v. Stale, 657 So.2d 1230 (Fla. 4th DCA 1995), the evidence supported the conclusion that appellant’s discharge from the program was due to behavior within his control. In this regard, this case is more analagous to Edgerton v. State, 703 So.2d 1249 (Fla. 5th DCA 1998). In Edgerton, the court affirmed a revocation of *1091probation, observing that while the probationer had several physical ailments, the state’s evidence was that the…

2Cases cited3 opinions

  1. Rainer v. StateDistrict Court of Appeal of Florida · 1995
  2. Edgerton v. StateDistrict Court of Appeal of Florida · 1998
  3. Urquiola v. StateDistrict Court of Appeal of Florida · 1999

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