District Court of Appeal of Florida October 5, 2011, No. 2D10-2732 (McGathey v. State)

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United States · · · 05-10-2011

WHATLEY, Judge.

In this appeal of the order revoking his probation, Todd McGathey argues that the trial court abused its discretion in finding that he violated condition seven based on one positive test showing that he had used cocaine. The affidavit of violation of probation alleged that McGathey violated condition seven by using intoxicants to excess or possessing any drugs or narcotics.

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