Outcome n/a Florida 2011

Kenton BLAKE, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal · May 27, 2011 · Docket No. 1D10-5124

61 So. 3d 1269

Syllabus

Kenton BLAKE, Appellant, v. STATE of Florida, Appellee. No. 1D10-5124. District Court of Appeal of Florida, First District. May 27, 2011. Nancy A. Daniels, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellee.

Full Opinion (484 characters)

PER CURIAM.
Upon the State’s proper concession of error, we reverse the revocation of Appellant’s probation and resulting sentence. The State presented insufficient evidence below that Appellant committed the new law violation of resisting an officer without violence. See Harris v. State, 647 So.2d 206, 208 (Fla. 1st DCA 1994). Accordingly, we REVERSE the revocation of Appellant’s probation and REMAND for reinstatement of probation.
VAN NORTWICK, WETHERELL, and ROWE, JJ., concur.

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