ROBERT STANLEY BROUILLETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1979-08-01
No. 78-2003
HOBSON, Acting C. J., OTT, J., and STARNES, HUGH E., Associate Judge, concur.
373 So. 2d 449 Florida District Court of Appeal, Second District (1979) Negative Treatment
Cited by 8 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the revocation of appellant’s probation, but we remand the case for correction of the written revocation order. Appellant’s probation supervisor filed an affidavit charging appellant with violating conditions 1, 2 and 7 of his probation. At the hearing on the affidavit, the trial court found that appellant had violated conditions 1 and 2 of his probation and revoked the probation. Owing to an apparent clerical error, the order revoking probation recites that appellant violated not only, conditions 1 and 2 but also condition 7. Since at the hearing the court did not find that appellant had violated condition 7, it should now remove any reference to that condition from its order. Brewster v. State, 352 So. 2d 1267 (Fla.2d DCA 1977).

HOBSON, Acting C. J., OTT, J., and STARNES, HUGH E., Associate Judge, concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Clemons v. State, 388 So. 2d 639 (Fla. 2d DCA 1980)
    …and 9. Because the order revoking probation recites that appellant violated not only conditions 1 and 3 but also conditions 2 and 9, the court must correct the order by removing any reference to violations of conditions 2 and 9. Brouilett v. State, 373 So. 2d 449 (Fla. 2d DCA 1979); Brewster v. State, 352 So. 2d 1267 (Fla. 2d DCA 1977). The only evidence introduced covering appellant’s alleged violation of condition 3 (termination of employment without permission of supervisor) was the hearsay testimony of…
  • Delgado v. State, 423 So. 2d 603 (Fla. 3d DCA 1982)
    …sed a concealed firearm, are stricken as being unsupported by the evidence. Upon remand in this cause, the trial court shall strike such findings from the order under review. Williams v. State, 375 So. 2d 867 (Fla. 2d DCA 1979); Brouillett v. State, 373 So. 2d 449 (Fla. 2d DCA 1979). The sentences imposed in this case are affirmed with one modification. It appears that the appellant may not have been given full credit for the jail time he served on the original split sentences as a special condition of prob…
  • Cullen Davis v. State, 411 So. 2d 886 (Fla. 2d DCA 1982)
    …not presented regarding—nor [*887] did appellant admit — violation of condition (a) which prohibits changing residence without permission. Therefore, any reference to violation of condition (a) should be stricken from the order. Brouillett v. State, 373 So. 2d 449 (Fla. 2d DCA 1979). BOARDMAN, A. C. J., and OTT and DANAHY, JJ., concur.…

Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw