RICHARD TOMASKO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1983-02-25
Nos. 82-426, and 82-442
HOBSON, A.C.J., and SCHEB and LE-HAN, JJ., concur.
426 So. 2d 1304 Florida District Court of Appeal, Second District (1983) Positive Treatment
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon review of the briefs and record on appeal we find the appellant has failed to demonstrate reversible error; therefore, the revocation of appellant’s probation is affirmed. However, we remand this case to the trial court for correction of the order of revocation.

The order states that appellant violated Condition 5 of his probation in that he unlawfully entered a certain structure located at 8315 Klondyke Drive, Tampa, Florida, with intent to commit theft. It is clear that this address is a clerical error since at appellant's probation revocation hearing, the trial court allowed the affidavit of violation to be amended to reflect the correct address of the burglarized residence as 6812 North Gunlock Avenue, Tampa, Florida. The order must be corrected so that it is consistent with the amended affidavit of violation.

Accordingly, the disposition of appellant’s case is affirmed, but the cause is remanded for correction of the order. HOBSON, A.C.J., and SCHEB and LE-HAN, JJ., concur.


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  • Marshall v. State, 468 So. 2d 255 (Fla. 2d DCA 1985)
    …e sentence imposed by the trial court. We reverse. At sentencing the trial judge adjudicated the appellant an habitual offender pursuant to Section 775.084(1)(a)1.b, Florida Statutes. That statute requires, as our court has held in Coots v. State, 426 So. 2d 1304 (Fla. 2d DCA 1983), two or more out-of-state convictions. The state presented evidence of only one out-of-state conviction at the sentencing hearing — a 1979 commercial burglary in Georgia. Although the appellant also had been arrested in Georgia fo…
  • Howard v. State, 469 So. 2d 216 (Fla. 5th DCA 1985)
    …of a felony “in this state”, section 775.-084(l)(a)l.a. is inapplicable. Section 775.- [*217] 084(l)(a)l.b. is also inapplicable because it requires two out-of-state convictions. Marshall v. State, 468 So. 2d 255 (Fla. 2d DCA 1985); Coots v. State, 426 So. 2d 1304 (Fla. 2d DCA 1983); Dickinson v. State, 395 So. 2d 620 (Fla. 1st DCA 1981); Miles v. State, 374 So. 2d 1167 (Fla. 2d DCA 1979); Shead v. State, 367 So. 2d 264 (Fla. 3d DCA 1979). Since the state established only one felony conviction from out-of-sta…

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