From Casetext: Smarter Legal Research

Schrader v. State

District Court of Appeal of Florida, Third District
Apr 11, 2001
782 So. 2d 967 (Fla. Dist. Ct. App. 2001)

Opinion

No. 3D00-2450.

Opinion filed April 11, 2001.

An Appeal from the Circuit Court for Miami-Dade County, Roberto Pineiro, Judge. Lower Tribunal Nos. 99-29009, 99-29008.

Affirmed as modified.

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Mark Rosenblatt, Assistant Attorney General, for appellee.

Before GERSTEN, GODERICH and SHEVIN, JJ.


We affirm the order revoking defendant's probation for failure to submit to urinalysis upon the probation officer's request. See Manon v. State, 740 So.2d 1253, 1256 (Fla. 3d DCA 1999) (whether probationer's violation is willful and substantial is question of fact; trial court's determination will not be overturned unless there is no supporting evidence). However, we strike that portion of the order finding that defendant violated probation by failing to pay costs of supervision. As the state properly concedes, the court granted defendant's motion for judgment of acquittal as to that alleged violation.


Summaries of

Schrader v. State

District Court of Appeal of Florida, Third District
Apr 11, 2001
782 So. 2d 967 (Fla. Dist. Ct. App. 2001)
Case details for

Schrader v. State

Case Details

Full title:LORETTA SCHRADER, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Apr 11, 2001

Citations

782 So. 2d 967 (Fla. Dist. Ct. App. 2001)