MICHAEL H. RUSU, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL H. RUSU, APPELLANT,
STATE OF FLORIDA, APPELLEE
370 So. 2d 79
Florida District Court of Appeal, Second District (1979)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant’s probation supervisor filed an affidavit charging appellant with violating conditions (e) and (h) of his probation. At the hearing on the affidavit, the trial court found that appellant had violated condition (h) and revoked probation. We affirm that revocation, but we remand the case for correction of the written revocation order. Owing to an apparent clerical error, the order recites that appellant violated not only condition (h) but also condition (e). Since at the hearing the court only found that appellant had violated condition (h), it should now remove any reference to condition (e) from its order. Brewster v. State, 352 So. 2d 1267 (Fla.2d DCA 1977).
GRIMES, C. J., and HOBSON and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Deal v. State, 405 So. 2d 1073 (Fla. 1st DCA 1981)…of condition IX. Since at the hearing the court only found that Appellant had violated conditions I and III and had not violated conditions V and IX, it should correct the written revocation order to conform to its oral pronouncement. Rusu v. State, 370 So. 2d 79 (Fla. 2nd DCA 1979); and Towson v. State, 382 So. 2d 870 (Fla. 5th DCA 1980). . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).…
Authorities Cited
- Brewster v. State, 352 So. 2d 1267 (Fla. 2d DCA 1977)
- Gebhardt v. Rocco Smith and Carl Shepard, 352 So. 2d 1267 (Fla. 2d DCA 1977)