NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
OCIE DEMITRIUS DAVIS, JR., )
)
Appellant, )
)
v. ) Case No. 2D17-4460
)
STATE OF FLORIDA, )
)
Appellee. )
___________________________________)
Opinion filed July 17, 2019.
Appeal from the Circuit Court for Manatee
County, Hunter W. Carroll, Judge.
Howard L. Dimmig, II, Public Defender, and
Rachel Roebuck, Assistant Public
Defender, Bartow, for Appellant.
Ashley Moody, Attorney General,
Tallahassee, and Marlon J. Weiss,
Assistant Attorney General, Miami, for
Appellee.
NORTHCUTT, Judge.
Ocie Demitrius Davis, Jr., appeals from sentences imposed in six cases
following the revocation of his probation. The State concedes that the circuit court erred
in finding that Davis willfully violated probation by changing his residence without first
obtaining the consent of his probation officer when, shortly after his release from jail, he
learned that he would not be permitted to live at his approved residence and was forced
into temporary homelessness.1 We accept the State's concession of error. See Bravo
v. State, 268 So. 3d 193, 196 (Fla. 2d DCA 2018) (holding that when a probationer is
forced to leave his or her approved residence with little notice and through no fault of his
or her own, the failure to obtain permission before moving does not constitute a willful
violation of probation); Soto v. State, 727 So. 2d 1044, 1046 (Fla. 2d DCA 1999)
(holding that a probationer's leaving his approved residence without permission did not
constitute a willful violation of probation when he learned upon his arrival that staying at
his approved residence would violate his probation). Accordingly, we reverse the order
revoking Davis's probation and remand for the circuit court to vacate his sentences and
reinstate his probation.
Reversed and remanded.
LUCAS and BADALAMENTI , JJ., Concur.
1The State also concedes that the circuit court erred in concluding that
Davis presented a danger to the community under section 948.06, Florida Statutes
(2017), because the court considered impermissible factors in making its danger
determination. Having accepted the State's concession that the circuit court erred when
finding that Davis willfully violated his probation, we need not reach this issue.
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