Larocco v. State

WALDEN, Justice.

Petitioner’s probation was revoked. It is our opinion that the trial court departed from the essential requirements of law in so adjudicating in light of the failure of proofs evident in this cause.

The dispositive findings were that he was outside Orange County and not in his *539house by 11:00 p. m. during the course of a certain weekend, contrary to probation restrictions.

Petitioner freely admitted the two infractions, but testified unequivocally that his'probation supervisor had lifted the restrictions for the weekends. This testimony was never contradicted by the supervisor.…