ARTHUR LEE WILSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant’s probation was revoked on the basis of three substantial violations: failure to file the required monthly reports, commission of a grand theft and dealing in the stolen property which was the subject of the theft. There is no challenge to the first two grounds. We agree that the stolen property charge was incorrectly considered because it was not included in the affidavit of violation, see Robinson v. State, 442 So. 2d 284 (Fla. 2d DCA 1983); Pitchford v. State, 339 So. 2d 1143 (Fla. 3d DCA 1976), and therefore order it stricken from the order under review. We do not, however, remand the cause for reconsideration either of the revocation or the sentence because we are convinced that neither would be affected by the deletion of this single violation. See Scherer v. State, 366 So. 2d 840 (Fla. 2d DCA 1979); compare Aaron v. State, 400 So. 2d 1033 (Fla. 3d DCA 1981), pet. for review denied, 408 So. 2d 1095 (Fla.1981).
Affirmed as modified.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (18 total)
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McPHERSON v. State, 530 So. 2d 1095 (Fla. 1st DCA 1988)…tion as alleged in counts II, IV, and IX, and our review of the record convinces us that the revocation and sentence would not be affected by the deletions of the violations alleged in counts V, VII, VIII, and X of the affidavit. Cf Wilson v. State, 506 So. 2d 1170 (Fla. 3d DCA 1987) (no remand for reconsideration of revocation or sentence where court convinced that neither would be affected by deletion of single violation). AFFIRMED. SHIVERS and THOMPSON, JJ., concur.…
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Anthony v. Schmitt, 557 So. 2d 656 (Fla. 2d DCA 1990)…n the merits or to hasten the suit to judgment.” Barnett Bank of East Polk County v. Fleming, 508 So. 2d 718, 720 (Fla.1987). To a large degree, the plaintiffs attorney relies upon the third district’s decision in Santa v. Thermo-Air Service, Inc., 506 So. 2d 1170 (Fla. 3d DCA 1987). In that case, this same attorney filed discovery documents that were very similar to the documents filed in this case. Having received a favorable ruling concerning his tactics in the third district, plaintiffs counsel asks for t…
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Smith v. State, 705 So. 2d 1033 (Fla. 3d DCA 1998)…statements at the hearing demonstrate that it would have revoked Smith’s community control based on this violation alone — failure to remain confined to his residence. See, e.g., Haygood v. State, 687 So. 2d 318 (Fla. 4th DCA 1997); Wilson v. State, 506 So. 2d 1170 (Fla. 3d DCA 1987). However, it is not clear whether the court would have imposed the same sentence based solely on that violation. See Smith v. State, 664 So. 2d 72 (Fla. 3d DCA 1995); Astore v. State, 618 So. 2d 790 (Fla. 2d DCA 1993); Jones v. St…
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Aaron v. State, 400 So. 2d 1033 (Fla. 3d DCA 1981)
- Scherer v. State, 366 So. 2d 840 (Fla. 2d DCA 1979)
- Robinson v. State, 442 So. 2d 284 (Fla. 2d DCA 1983)
- Pitchford v. State, 339 So. 2d 1143 (Fla. 3d DCA 1976)