KENTON BLAKE, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA KENTON BLAKE, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D10-5124 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed May 27, 2011. An appeal from the Circuit Court for Lafayette County. David W. Fina, Judge. Nancy A. Daniels, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Upon the State s proper concession of error, we reverse the revocation of Appellant s probation and resulting sentence. The State presented insufficient evidence below that Appellant committed the new law violation of resisting an officer without violence. See Harris v. State, 647 So. 2d 206, 208 (Fla. 1st DCA 1994). Accordingly, we REVERSE the revocation of Appellant s probation and REMAND for reinstatement of probation. VAN NORTWICK, WETHERELL, and ROWE, JJ., CONCUR. 2

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