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McKinney v. State

District Court of Appeal of Florida, First District
Jul 13, 2010
39 So. 3d 530 (Fla. Dist. Ct. App. 2010)

Opinion

No. 1D08-5443.

July 13, 2010.

An appeal from the Circuit Court for Wakulla County, N. Sanders Sauls, Judge.

Nancy A. Daniels, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Christine Ann Guard, Assistant Attorney General, Tallahassee, for Appellee.


Appellant challenges an order revoking his probation. The State correctly concedes the trial court failed to conduct an appropriate inquiry pursuant to Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). We, therefore, reverse the order revoking probation and remand to the trial court for further proceedings.

We note the trial court found appellant guilty of violating probation, although the charging document alleged appellant violated the conditions of his community control. In light of our decision, there is no need to address this discrepancy.

WOLF, KAHN, and ROBERTS, JJ., concur.


Summaries of

McKinney v. State

District Court of Appeal of Florida, First District
Jul 13, 2010
39 So. 3d 530 (Fla. Dist. Ct. App. 2010)
Case details for

McKinney v. State

Case Details

Full title:Travis A. McKINNEY, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Jul 13, 2010

Citations

39 So. 3d 530 (Fla. Dist. Ct. App. 2010)

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