Moore v. State, 92-4082

Citation632 So.2d 199
Decision Date16 February 1994
Docket NumberNo. 92-4082,92-4082
Parties19 Fla. L. Weekly D373 Keith MOORE, Appellant, v. STATE of Florida, Appellee.
CourtCourt of Appeal of Florida (US)

Louis Frost, Jr., Public Defender and James T. Miller, Asst. Public Defender, Jacksonville, for appellant.

Robert A. Butterworth, Atty. Gen. and Michelle A. Konig, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Appellant Keith Moore appeals the order of the trial court revoking his probation. At issue is whether the trial court abused its discretion in revoking appellant's probation solely for failure to file one monthly report with his probation officer. On the present facts, we find appellant's failure to file one monthly report does not constitute a substantial violation of the terms of his probation. We reverse and remand, directing the trial court to return appellant to probationary status.

REVERSED and REMANDED for further consistent proceedings.

ZEHMER, C.J., and MINER and WOLF, JJ., concur.

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6 cases
  • State v. Carter
    • United States
    • Florida Supreme Court
    • 5 Diciembre 2002
    ...that failure to file a single monthly report does not by itself constitute a substantial violation of probation. See Moore v. State, 632 So.2d 199 (Fla. 1st DCA 1994); accord Sanders v. State, 675 So.2d 665 (Fla. 2d DCA 1996). The First District acknowledged that its decision was in conflic......
  • Allen v. State, 94-3355
    • United States
    • Florida District Court of Appeals
    • 1 Noviembre 1995
    ...pay, we direct the court to reconsider whether the failure to report was, in and of itself, sufficient to revoke. See Moore v. State, 632 So.2d 199 (Fla. 1st DCA 1994). DELL and STEVENSON, JJ., concur. ...
  • Williams v. State, No. 4D03-4512
    • United States
    • Florida District Court of Appeals
    • 9 Febrero 2005
    ...to that date, does not constitute a willful and substantial violation of the terms of appellant's probation. See Moore v. State, 632 So.2d 199, 199 (Fla. 1st DCA 1994). With regard to the allegation that appellant moved without permission, although there was testimony that appellant did, in......
  • John Carter v. State of Florida, 1
    • United States
    • Florida District Court of Appeals
    • 30 Abril 1999
    ...to file a single monthly report does not by itself constitute a substantial violation of the terms of probation. See Moore v. State, 632 So.2d 199 (Fla. 1st DCA 1994); see also Sanders v. State, 675 So.2d 665 (Fla. 2d DCA 1996). Thus, we reverse the order before We acknowledge that our deci......
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