Carter v. State

PARIENTE, Judge.

Defendant appeals from an order revoking his probation. The facts, as presented by the state, do not support a finding that defendant willfully and substantially violated his probation by moving from his approved residence in Alabama without the permission of his Florida probation officer. Since this was the only allegation upon which the affidavit of violation was based, we are compelled to reverse. However, this reversal is without prejudice to the state’s refiling of an affidavit of violation on different grounds.

Defendant’s probation began in Florida, but his Florida…