JOSH TERRELL, A/K/A ROBERT WARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1985-12-31
No. 85-675
HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur.
480 So. 2d 248 Florida District Court of Appeal, Fourth District (1985) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Revocation of appellant’s probation for willful failure to file monthly reports is affirmed, May v. State, 472 So. 2d 890 (Fla. 4th DCA 1985); see also Williams v. State, 10 F.L.W. 2064 (Fla. 4th DCA Sept. 4,1985); however, we strike from the order of revocation of probation the recital that appellant failed to pay the costs of supervision as the record demonstrates this ground was not relied upon by the trial court in revoking appellant’s probation. May, at 890.

AFFIRMED AS MODIFIED.

HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur.

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    …PER CURIAM. The order revoking appellant’s community control, based on unlawful entry into an occupied building, is affirmed. Terrell v. State, 480 So. 2d 248 (Fla. 4th DCA 1985); May v. State, 472 So. 2d 890 (Fla. 4th DCA 1985). However, we strike from the order the recital that appellant failed to pay restitution, costs of supervision and payments to the public defender. The record demonstrates that no…
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    …nded to revoke probation solely on grounds I, II, V and VI. Thus, this Court hereby strikes grounds III, IV and VII from the order of revocation and affirms the order as amended. Molly v. State, 490 So. 2d 1071 (Fla. 4th DCA 1986); Terrell v. State, 480 So. 2d 248 (Fla. 4th DCA 1985); May v. State, 472 So. 2d 890 (Fla. 4th DCA 1985). The order appealed is amended and thus, the same is AFFIRMED. HERSEY, C.J., and DELL and WALDEN, JJ., concur.…

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