THOMAS RAY MCDONALD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
THOMAS RAY MCDONALD, APPELLANT,
STATE OF FLORIDA, APPELLEE
409 So. 2d 224
Florida District Court of Appeal, First District (1982)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm the order revoking appellant’s probation. However, we remand for correction of the harmless clerical error finding that appellant violated Condition No. 8 of his probation because the alleged violation of Condition No. 8 was dismissed by the trial court at the evidentiary hearing below. Grant v. State, 384 So. 2d 928 (Fla. 3d DCA 1980); Landry v. State, 380 So. 2d 1191 (Fla. 5th DCA 1980). Violation of the other two probation conditions was a sufficient basis for revocation of appellant’s probation and no abuse of the trial court’s discretion was shown.
Accordingly, the order of revocation is AFFIRMED but REMANDED with instructions to correct the clerical error. BOOTH, SHIVERS, and JOANOS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Macdroleya Francois v. State, 923 So. 2d 1219 (Fla. 3d DCA 2006)…ocation of probation because this error had no effect on the revocation in this case as it is clear from the record that the trial court would have revoked probation based on the defendant’s commission of sexual battery alone. See McDonald v. State, 409 So. 2d 224 (Fla. 1st DCA 1982) (remanding for correction of a harmless clerical error finding the defendant violated a condition that had been dismissed, but affirming the revocation because two other violations provided the trial court sufficient basis for th…
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Blake v. State, 21 So. 3d 129 (Fla. 3d DCA 2009)…n for violating other terms of his probation, such as picking up a charge and conviction for possession of a firearm. The defendant does not object to these charges since any one of them support a revocation of his probation. See McDonald, v. State, 409 So. 2d 224, 224 (Fla. 1st DCA 1982) (“violation of the other two probation conditions was a sufficient basis for revocation of defendant's probation and no abuse of the trial court's discretion was shown”).…
Authorities Cited
- Grant v. State, 384 So. 2d 928 (Fla. 3d DCA 1980)
- Zettler v. Ehrlich, 384 So. 2d 928 (Fla. 3d DCA 1980)
- Lewis v. State, 380 So. 2d 1191 (Fla. 5th DCA 1980)
- Landry v. State, 380 So. 2d 1191 (Fla. 5th DCA 1980)