Legal Opinion · Concurring in part, dissenting in part

Junk v. State

District Court of Appeal of Florida

Decided November 30, 2017No. CASE NO. 1D16-3636Published

1Concurring in part, dissenting in partRay, J.

I concur with the majority’s affirmance of the trial court’s finding of a violation for Appellant’s failure to report to her probation officer on November 23, 2015, and the reversal of the findings of violation for her change of residence and refusal to submit to drug and alcohol tests. Unlike the majority, I would evaluate separately whether Appellant violated her probation by failing to report to her probation officer in December 2015 or January 2016. Finding no competent, substantial evidence of a willful violation, I would remand for the trial court to reconsider revocation and sentencing.

2Cases cited1 opinion

  1. Washington v. StateDistrict Court of Appeal of Florida · 2017

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