Opinion
Case No. 97-1375
Opinion filed July 16, 1997.
An Appeal from the Circuit Court for Monroe County, Mark Jones, Judge.
Bennett H. Brummer, Public Defender and Lisa Walsh, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General and Terri Leon-Benner (Fort Lauderdale), Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.
CONFESSION OF ERROR
The order under review revoking the appellant's probation and the consequent sentence to the state prison are reversed and vacated because, as the state the alleged violation was neither willful nor substantial. Benavides v. State, 679 So.2d 1195 (Fla. 3d DCA 1996); Washington v. State, 579 So.2d 400 (Fla. 5th DCA 1991); Young v. State, 566 So.2d 69 (Fla. 2d DCA 1990). The defendant shall be released from custody forthwith.