CULLEN DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1982-01-27
No. 80-1602
BOARDMAN, A. C. J., and OTT and DANAHY, JJ., concur.
411 So. 2d 886 Florida District Court of Appeal, Second District (1982) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the revocation of appellant’s probation. Jones v. State, 348 So. 2d 942 (Fla. 2d DCA 1977). However, at hearing evidence was not presented regarding—nor 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.


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  • Underwood v. State, 455 So. 2d 1133 (Fla. 2d DCA 1984)
    …t strike from the probation revocation order the parts which read that he committed the alleged violations which were neither proven by the state nor admitted by Underwood. See, e.g., Paul v. State, 421 So. 2d 696 (Fla. 2d DCA 1982); Davis v. State, 411 So. 2d 886 (Fla. 2d DCA 1982); Robinson v. State, 366 So. 2d 1239 (Fla. 2d DCA 1979). We also instruct the court on remand to strike the parts which erroneously indicate that Underwood pled guilty to those alleged violations. AFFIRMED and REMANDED. HOBSON, A…
  • Davis v. State, 478 So. 2d 112 (Fla. 2d DCA 1985)
    …e and drug paraphernalia, we affirm the order of revocation. However, we remand with directions to strike that portion of the order finding that the defendant committed armed robbery. Paul v. State, 421 So. 2d 696 (Fla. 2d DCA 1982); Davis v. State, 411 So. 2d 886 (Fla. 2d DCA 1982). GRIMES, Acting C.J., and SCHOON-OVER, J., concur.…

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