Smith v. State

The defendant, Timothy Smith, appeals from the revocation of his probation and the resulting sentences based on the trial court’s finding that he violated Condition Five of his probation by committing two new law violations — unlawful assembly in violation of section 870.02, Florida Statutes (2014), and trespass after warning in violation of section" 810.09(2)(b), Florida Statutes (2014). For the reasons that follow, we reverse the trial court’s ruling that the defendant violated his probation by committing the new law violation of unlawful assembly, but affirm the trial court’s ruling that…