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Odom v. State, Case No. 1D07-6422 (Fla. App. 6/24/2009) (Fla. App., 2009)

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GERALD DAVID ODOM, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 1D07-6422. District Court of Appeal of Florida, First District. Opinion filed June 24, 2009. An appeal from the Circuit Court for Escambia County, Jan Shackelford, Judge. Nancy A. Daniels, Public Defender; and Edgar Lee Elzie, Jr., Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General; and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee. BROWNING, J. Gerald David Odom (Appellant) appeals an order revoking his probation based on findings that he willfully, substantially violated three general conditions of probation. Concluding that the record does not demonstrate violations of Conditions (1) and (2), we reverse the revocation order and remand for the trial court to strike these findings and to determine whether the violation of Condition (8) alone justifies the revocation of probation and imposition of the same sentence...continue to full post

Full post as published by Florida Criminal Law Opinions on June 24, 2009 (boomark / email).