TIMOTHY SHANE MAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The record reveals that the trial court revoked the defendant’s probation because he failed to file monthly reports for May, June, July and August, 1984. This finding alone will justify a revocation of probation. See Miller v. State, 444 So. 2d 523 (Fla. 1st DCA 1984); Aaron v. State, 400 So. 2d 1033 (Fla. 3d DCA), review denied, 408 So. 2d 1095 (Fla.1981); Chappell v. State, 429 So. 2d 84 (Fla. 5th DCA 1983); Jess v. State, 384 So. 2d 328 (Fla. 3d DCA 1980); Page v. State, 363 So. 2d 621 (Fla. 1st DCA 1978).
Although the record indicates that the foregoing was the sole basis for revoking the defendant’s probation, the written order of revocation lists four additional grounds. Since these were not relied upon by the trial court, we strike them from the order of revocation. See Sparks v. State, 453 So. 2d 539 (Fla. 2d DCA 1984). And, as amended, we affirm.
Affirmed.
HURLEY and BARKETT, JJ., and WES-SEL, JOHN D., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Stevens v. State, 599 So. 2d 254 (Fla. 3d DCA 1992)…uld well determine, as it obviously did, that even the most technical violation of the terms of probation would justify its revocation. See Little v. State, 519 So. 2d 1139 (Fla. 2d DCA 1988), review denied, 528 So. 2d 1182 (Fla.1988); May v. State, 472 So. 2d 890 (Fla. 4th DCA 1985); Jess v. State, 384 So. 2d 328 (Fla. 3d DCA 1980). It is required, however, that any such deviation be the product of a knowing and willful act by the probationer. Since there was no such evidence below, the order, judgment and s…
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Ranzel Davis v. State, 474 So. 2d 1246 (Fla. 4th DCA 1985)…as to whether the trial court would have revoked appellant’s probation for the one technical violation and, if so, whether the sentence would be the same. Although failure to file monthly reports is a sufficient ground for revocation, May v. State, 472 So. 2d 890 (Fla. 4th DCA 1985), because we are in doubt, we choose to follow respectable authority 1 remanding for further consideration by the trial court under like circumstances. Accordingly, the cause is affirmed in part and reversed in part and remanded…
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Donnie Warren v. State, 499 So. 2d 55 (Fla. 4th DCA 1986)…obationary conditions as evidenced by his signature on the probation order. See Mobley, 348 So. 2d at 375. Such failure to file monthly reports is a sufficient ground for revocation. Davis v. State, 474 So. 2d 1246 (Fla. 4th DCA 1985); May v. State, 472 So. 2d 890 (Fla. 4th DCA 1985). As to condition (9) requiring that he pay $30 per month as a supervisory fee and the special condition requiring the defendant to enter a substance abuse program, we find that these violations must be reversed. The trial court…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- Page v. State, 363 So. 2d 621 (Fla. 1st DCA 1978)
- Bennie Jess, Jr. v. State, 384 So. 2d 328 (Fla. 3d DCA 1980)
- Aaron v. State, 400 So. 2d 1033 (Fla. 3d DCA 1981)
- Miller v. State, 444 So. 2d 523 (Fla. 1st DCA 1984)
- Sand Dollar Villas Dev. Corp., Inc. v. Sand Dollar Villas Condo. Ass'n, Inc., 429 So. 2d 84 (Fla. 4th DCA 1983)
- Chappell v. State, 429 So. 2d 84 (Fla. 5th DCA 1983)
- Sparks v. State, 453 So. 2d 539 (Fla. 2d DCA 1984)