JAMES CHARLES HILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in revoking probation based on dismissed violations and in failing to credit jail time served.
Appellant challenged his probation revocation based on violations of conditions two and four, which the state had moved to dismiss. Appellant also app…
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PER CURIAM.
Appellant, James Charles Hill, raises two points on appeal which we find have merit. First, appellant challenges the revocation of his probation based on his violation of conditions two and four. Secondly, appellant appeals the trial court’s failure to credit him with jail time served on the charges which formed the basis of his revocation. We affirm the probation revocation, but remand for elimination of conditions two and four. The record indicates that the state moved and the court accepted the dismissal of those violations. Therefore, we remand this case to the trial court to correct the judgment finding appellant in violation of conditions two and four of his probation. Further, we remand for examination of the record to determine if appellant was incarcerated for these charges. If so, appellant must be given credit for time served.
Accordingly, we remand with instructions that the court eliminate the violation of conditions two and four, and credit appellant with any jail time served. In all other respects, we affirm.
Affirmed and remanded with instructions.
HOBSON, A.C.J., and GRIMES and CAMPBELL, JJ., concur.
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Baugher v. State, 468 So. 2d 441 (Fla. 2d DCA 1985)…alleged in the violation of probation affidavit. Since the order varies from the court’s oral findings, the case is remanded with instructions that the trial court eliminate the violations for which appellant was found not guilty. See Hill v. State, 439 So. 2d 1010, 1011 (Fla. 2d DCA 1983); Landry v. State, 380 So. 2d 1191 (Fla. 5th DCA 1980). Affirmed and remanded with instructions. GRIMES, A.C.J., and SCHEB and FRANK, JJ., concur.…