CHERRY V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2003 JAMES GENTIL CHERRY, ** Appellant, ** vs. ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D03-549 LOWER TRIBUNAL NO. 01-32113 ** Opinion filed October 1, 2003. An Appeal from the Circuit Court for Miami-Dade County, Henry Leyte Vidal, Judge. Bennett H. Brummer, Public Defender, and Valerie Jonas, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., and LEVY and GODERICH, JJ. PER CURIAM. We reverse the order revoking the defendant s community control finding that the State failed to meet its burden of showing that the violation was willful and substantial. See Boatwright v. State, 847 So. 2d 1141, 1142 (Fla. 3d DCA 2003); Thomas v. State, 760 So. 2d 1138, 1139 (Fla. 5th DCA 2000); Jones v. State, 730 So. 2d 349 (Fla. 4th DCA 1999). Reversed. 2

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