HERBERT LEE TERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant seeks review of an order revoking his probation based upon three violations. The violations of condition (1), filing monthly reports, and condition (2), paying supervision costs, are set aside because the only evidence of those violations at the revocation hearing was hearsay. Jones v. State, 348 So. 2d 942 (Fla. 2d DCA 1977).
Nevertheless, we decline to set aside the revocation of probation pursuant to Tuff v. State, 338 So. 2d 1335 (Fla. 2d DCA 1976). Here, it is evident from the record that the judge would have revoked probation based solely upon the substantive violation of appellant’s commission of burglary which is amply supported by the evidence. Jones v. State.
Accordingly, the violations of condition (1) and condition (2) are stricken from the order of revocation of probation. In all other respects the order is affirmed.
SCHEB, C.J., and GRIMES and CAMPBELL, JJ., concur.
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Edwards v. State, 439 So. 2d 1028 (Fla. 3d DCA 1983)…d, 434 So. 2d 321 (Fla. 1983). It is also clear that the defendant failed to file any written report for two months. This is a substantial violation of the conditions of probation. Chappell v. State, 429 So. 2d 84 (Fla. 5th DCA 1983); Roth v. State, 406 So. 2d 121 (Fla. 2d DCA [*1029] 1981); Aaron v. State, 400 So. 2d 1033, 1036 (Fla. 3d DCA) (Nesbitt, J. dissenting), pet. for review denied, 408 So. 2d 1095 (Fla. 1981). Appellant does not dispute that he failed to make restitution payments and payments for…
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Roseboro v. State, 528 So. 2d 499 (Fla. 2d DCA 1988)…ion eight of the appellant’s probation. Cf. Jones v. State, 479 So. 2d 285 (Fla. 2d DCA 1985) (failure to file written reports and failure to follow probation officer’s instructions may be considered substantial violations). See also, Roth v. State, 406 So. 2d 121 (Fla. 2d DCA 1981). The trial court, therefore, did not abuse its discretion in revoking the appellant’s probation. Affirmed. DANAHY, A.C.J., and PARKER, J., concur.…
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Brown v. State, 492 So. 2d 822 (Fla. 2d DCA 1986)…iled a timely notice of appeal. Because hearsay statements were the only evidence presented concerning the violation of conditions (3) and (8), those violations must be stricken from the order revoking appellant’s community control. Terry v. State, 406 So. 2d 121 (Fla. 2d DCA 1981). We decline to set aside the order of revocation, however, because the record indicates that the trial court would have revoked community control based solely upon the substantive violation of condition (5), which is amply support…
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- Tuff v. State, 338 So. 2d 1335 (Fla. 2d DCA 1976)
- Magnolia Green v. State, 348 So. 2d 942 (Fla. 2d DCA 1977)