DAVID MICHAEL PRICKETT v. STATE OF FLORIDA
Annotate this Case
Download PDF
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DAVID MICHAEL PRICKETT, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. STATE OF FLORIDA, CASE NO. 1D04-1628 Appellee. ___________________________/ Opinion filed March 10, 2005. An appeal from the Circuit Court for Santa Rosa County. Ronald V. Swanson, Judge. Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant. Charles Crist, Attorney General; Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. David Michael Prickett appeals the order revoking his probation and consequent ten-year sentence. We reverse. Proof that he spoke to a young woman under the age of eighteen while she was working as a cashier in a grocery store did not establish a willful, substantial violation of the probation condition that he have no unsupervised contact with minors. See Smith v. State, 711 So. 2d 100, 102 (Fla. 1st DCA 1998) (holding that the State must establish by the greater weight of the evidence that a defendant violated a term of his probation). For one thing, the State failed to prove that the cashier was not working under the supervision of the store manager. See Van Wagner v. State, 677 So. 2d 314, 317 (Fla. 1st DCA 1996) (holding that, while a trial court has broad discretion to determine whether a term of probation has been violated, findings of fact must rest on competent, substantial evidence). Reversed and remanded with instructions that appellant be reinstated to probation. BENTON and VAN NORTWICK, JJ., CONCUR; WOLF, C.J., CONCURS IN RESULT WITHOUT OPINION. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
