RILEY E. KEMPER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RILEY E. KEMPER, APPELLANT,
STATE OF FLORIDA, APPELLEE
430 So. 2d 964
Florida District Court of Appeal, Second District (1983)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Defendant appeals an order revoking his probation and imposing a three-year sentence. We find no merit in defendant’s arguments that probation was erroneously revoked. Therefore, we affirm the probation revocation order and sentence.
However, the portion of the order revoking probation which states that probation was revoked because the defendant committed several offenses in Indiana on August 28, 1981, must be stricken. As the state concedes, no evidence was offered at the hearing concerning that alleged probation violation.
Accordingly, we AFFIRM with directions that the foregoing portion of the order be stricken.
OTT, C.J., and SCHEB and LEHAN, JJ, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jackson v. State, 449 So. 2d 309 (Fla. 5th DCA 1984)…one, and the lower court properly found that a probation violation had occurred. However, since no evidence was adduced at the revocation hearing to support the alcohol consumption charge, that portion of the order must be stricken. Kemper v. State, 430 So. 2d 964 (Fla. 2d DCA 1983); Geri v. State, 415 So. 2d 782 (Fla. 1st DCA 1982). We are unable to determine whether the trial judge would have revoked the probation and imposed the sentence he did based solely on a violation of the first condition. Therefore…
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McLAIN v. State, 651 So. 2d 1292 (Fla. 2d DCA 1995)…itation for fleeing and attempting to elude, or by failing to work diligently or seek employment. Since no evidence was offered on these allegations, they may not be used to support the violation of probation and must be stricken. Kemper v. State, 430 So. 2d 964 (Fla.2d DCA 1983). We remand to the trial court for this purpose. We otherwise affirm the violation of probation. RYDER, A.C.J., and ALTENBERND, J., concur.…