JERRY LOVETTE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JERRY LOVETTE, APPELLANT,
STATE OF FLORIDA, APPELLEE
495 So. 2d 241
Florida District Court of Appeal, Fifth District (1986)
Caution
Cited by 14 cases
Opinion of the Court
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 evidence was presented on these additional violations and that these grounds were not relied upon by the trial court. See May at 890.
AFFIRMED as modified.
UPCHURCH, C.J., and DAUKSCH and COBB, JJ., concur.
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Dep't of Health & Rehabilitative Servs. v. State, 516 So. 2d 1094 (Fla. 5th DCA 1987)…but refused to rank the third option. The refusal of the trial judge to rank all the placement options presented by HRS is in violation of the mandatory dictates of section 39.09(3)(e), Florida Statutes (1985). See In Re Interest of K.J.M., a child, 495 So. 2d 241 (Fla. 5th DCA 1986). Because the trial judge cannot select the placement options but can only rank them in priority order, and because the “training school” option was not ranked as either priority one or priority two, it should have been ranked as…
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Dep't OF Health & Rehabilitative Servs. v. R.S., 511 So. 2d 434 (Fla. 5th DCA 1987)…violation of the mandatory dictates of section 39.09(3)(e), Florida Statutes (1985). See J.S.M. v. State, 505 So. 2d 583 (Fla.2d DCA 1987); A.H. v. State, 499 So. 2d 27 (Fla.2d DCA 1986); Department of Health and Rehabilitative Services v. Margain, 495 So. 2d 241 (Fla. 5th DCA 1986); In re Interest of L.B., 493 So. 2d 554 (Fla. 5th DCA 1986); T.D. v. State, 486 So. 2d 40 (Fla.2d DCA 1986); T.A.W. v. State, 455 So. 2d 582 (Fla. 5th DCA 1984); R.S. v. State, 414 So. 2d 660 (Fla. 1st DCA 1982); W.Y v. State, 41…
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Dep't of Health & Rehabilitative Servs. v. R.W.K., 556 So. 2d 815 (Fla. 5th DCA 1990)…CA 1989); N.L.J. v. Komanski, 527 So. 2d 840 (Fla. 5th DCA 1988); H.R.S. v. State, [*816] 516 So. 2d 1094 (Fla. 5th DCA 1987); H.R.S. v. McGregor, 511 So. 2d 1096 (Fla. 5th DCA 1987); H.R.S. v. R.S., 511 So. 2d 434 (Fla. 5th DCA 1987); In re K.J.M., 495 So. 2d 241 (Fla. 5th DCA 1986); In re L.B., 493 So. 2d 554 (Fla. 5th DCA 1986); T.A.W. v. State, 455 So. 2d 582 (Fla. 5th DCA 1984). CONDITION STRICKEN and CAUSE REMANDED. DANIEL, C.J., and SHARP, W„ J„ concur. . Section 39.01(12), Florida Statutes, defines…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pritchard v. State, 472 So. 2d 890 (Fla. 4th DCA 1985)
- MAY v. State, 472 So. 2d 890 (Fla. 4th DCA 1985)
- Terrell v. State, 480 So. 2d 248 (Fla. 4th DCA 1985)