HERMAN ALLEN HOBBS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HERMAN ALLEN HOBBS, APPELLANT,
STATE OF FLORIDA, APPELLEE
378 So. 2d 321
Florida District Court of Appeal, Second District (1980)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Affidavits of violation of probation were filed against appellant, one of which alleged commission of a crime. Appellant was tried and found guilty of the crime. At sentencing his probation was revoked on that ground. This procedure was proper, and it was not necessary that a separate revocation hearing be held. Franklin v. State, 356 So. 2d 1352 (Fla. 2d DCA 1978). However, the written order revoking probation recited additional grounds for revocation. Since no evidence was received on these violations, and appellant did not admit them, we remand with directions that those grounds be deleted from the order of revocation.
HOBSON, Acting C. J., and SCHEB and OTT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Isom v. State, 387 So. 2d 529 (Fla. 3d DCA 1980)…ade no objections; acquiesced in the proceedings, and we find no error occurred. Egantoff v. State, 208 So. 2d 843 (Fla. 2d DCA 1968); Fuller v. State, 294 So. 2d 367 (Fla. 3d DCA 1974); State v. Spratling, 336 So. 2d 361 (Fla.1976); Hobbs v. State, 378 So. 2d 321 (Fla. 2d DCA 1980). However, we find the trial court erred in basing one of its grounds for revocation because of an alleged robbery of one Willie Daniels. This was an allegation of the re-filed affidavit of probation violation, but was not proved b…
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Colon v. State, 898 So. 2d 1203 (Fla. 2d DCA 2005)…or violating the law by committing a lewd and lascivious battery but remand with directions that the court delete the remaining grounds from the- revocation order because there was no evidence to support these additional grounds. See Hobbs v. State, 378 So. 2d 321, 322 (Fla. 2d DCA 1980); Isom v. State, 387 So. 2d 529, 530 (Fla. 3d DCA 1980). DAVIS and KELLY, JJ., Concur.…
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T.W.H. v. State, 15 So. 3d 721 (Fla. 5th DCA 2009)…PER CURIAM. AFFIRMED. See Taylor v. State, 386 So. 2d 825 (Fla. 3d DCA 1980); Hobbs v. State, 378 So. 2d 321 (Fla. 2d DCA 1980); Franklin v. State, 356 So. 2d 1352 (Fla. 2d DCA 1978); Fuller v. State, 294 So. 2d 367 (Fla. 3d DCA 1974). MONACO, C.J., COHEN and EVANDER, JJ., concur.…
Authorities Cited
- Franklin v. State, 356 So. 2d 1352 (Fla. 2d DCA 1978)