TOMMY ROBINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the revocation of probation based on an admitted violation, but remanded for correction of the written order to reflect only the admitted violation.
Appellant admitted violating one condition of probation but denied another; the state presented no evidence of the denied violation. The court revoked…
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SCHEB, Judge.
Appellant’s probation supervisor filed an affidavit alleging that appellant violated condition (4) of probation by committing grand theft and that he violated condition (9) of probation by visiting a bar. At a revocation hearing appellant admitted the violation of condition (9), but denied any violation of condition (4). The state presented no evidence as to either violation. The court revoked appellant’s probation and sentenced him to fifteen years in prison.
We affirm the revocation of appellant’s probation, but we remand the case for the correction of the written order of revocation which stated that the court had found appellant in violation of both conditions (4) and (9). Since appellant denied violating condition (4) and the state presented no evidence of a violation the court was not authorized to revoke probation on that ground. See Wheeler v. State, 344 So. 2d 630 (Fla.2d DCA 1977).
By our decision, we reject appellant’s argument that we should, as we did in Tuff v. State, 338 So. 2d 1335 (Fla.2d DCA 1976), order the trial court to reconsider the revocation of probation in light of the fact that we have overturned one of the two violations listed in the revocation order. In Tuff we found such a remand necessary only because the remaining violation was a technical one, and we could not tell whether the court would have revoked probation solely on that ground. Here, because the court heard no evidence on the violation of condition (4), we can assume that it intended to revoke only on the basis of condition (9) which was directly related to appellant’s rehabilitation and not a condition merely administrative in nature.
GRIMES, C. J., and OTT, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Underwood v. State, 455 So. 2d 1133 (Fla. 2d DCA 1984)…which read that he committed the alleged violations which were neither proven by the state nor admitted by Underwood. See, e.g., Paul v. State, 421 So. 2d 696 (Fla. 2d DCA 1982); Davis v. State, 411 So. 2d 886 (Fla. 2d DCA 1982); Robinson v. State, 366 So. 2d 1239 (Fla. 2d DCA 1979). We also instruct the court on remand to strike the parts which erroneously indicate that Underwood pled guilty to those alleged violations. AFFIRMED and REMANDED. HOBSON, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur. . Wit…
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Berry v. State, 484 So. 2d 86 (Fla. 2d DCA 1986)…the presentence investigation report. Concerning defendant’s second contention, the order revoking probation lists six substantive offenses. Defendant s armed robbery of the gas station was a sufficient basis to revoke probation. Robinson v. State, 366 So. 2d 1239 (Fla. 2d DCA 1979). However, since the defendant did not admit the other three robberies and two attempted first-degree murder allegations, and the state did not prove them, they must be stricken from the order revoking probation. Underwood v. State…
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Grant v. State, 384 So. 2d 928 (Fla. 3d DCA 1980)…ed same, finding him in violation as to each of the allegations contained in the affidavit of violation. This was error, and the matter is returned to the trial court solely for the purpose of correcting the revocation order. See: Robinson v. State, 366 So. 2d 1239 (Fla. 2d DCA 1979). Reversed and remanded, with directions.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tuff v. State, 338 So. 2d 1335 (Fla. 2d DCA 1976)
- Wheeler v. State, 344 So. 2d 630 (Fla. 2d DCA 1977)