Leland v. State, 386 So. 2d 622

PER CURIAM.

The order revoking the defendant‘s probation, which is under review by this appeal, is reversed and the cause is remanded to the trial court with directions to restore the defendant to the probationary term previously imposed upon a holding that: (a) a person does not commit the misdemeanor offense of obstruction by a disguised person [§ 843.03, Fla. Stat. (1979)], by the sole act of giving, as here, a false name to a police officer upon being stopped by said officer, and (b) a person‘s probation may not be revoked for violating the above statute, as here, based on such conduct. D.G. v. State, 375 So.2d 868 (Fla.2d DCA 1979); Hartley v. State, 372 So.2d 1180 (Fla.2d DCA 1979).

Reversed and remanded.

Case Details

Case Name: Leland v. State

Court Name: District Court of Appeal of Florida

Date Published: Aug 12, 1980

Citations: 386 So. 2d 622; 79-2101, 79-2206

Docket Number: 79-2101, 79-2206

Court Abbreviation: Fla. Dist. Ct. App.