JAMES SOUTHERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Violation Of Community Control cases and more on FLexlaw
PER CURIAM.
We find that the record on appeal contains substantial competent evidence upon which to base the trial court’s finding that appellant violated the terms and conditions of community control and probation. Accordingly, we affirm the orders of violation and the sentences imposed in connection therewith.
We do agree that the trial court’s written orders must be modified to conform to the findings made at the revocation hearing. Although both orders recite that appellant failed to maintain gainful employment, and that he failed to comply with certain instructions of his probation officer, no evidence was presented supporting these allegations. Similarly, the order revoking community control is in error when it recites that appellant left his home without permission on May 28 and June 7, 1987. The orders should be modified to delete these particular findings. Revear v. State, 497 So. 2d 1337 (Fla. 2d DCA 1986).
Affirmed in part, reversed in part, and remanded with instructions.
CAMPBELL, C.J., and SCHEB and SCHOONOVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Morgan v. State, 228 So. 3d 681 (Fla. 2d DCA 2017)…. Accordingly, we remand with instructions for the trial court to correct that scrivener’s error in the written judgment. See Jackson v. State, 192 So. 3d 649 (Fla. 2d DCA 2016); Riley v. State, 622 So. 2d 94 (Fla. 2d DCA 1993); Culbertson v. State, 547 So. 2d 725 (Fla. 2d DCA 1989). We affirm Mr. Morgan’s convictions and sentences in all other respects. Affirmed; remanded with instruction to correct scrivener’s error. LaROSE, C.J., and CRENSHAW and LUCAS, JJ., Concur.…
-
Dabbs v. State, 695 So. 2d 913 (Fla. 2d DCA 1997)…agraph 2 of condition 8, and paragraph 5 of condition 12. Accordingly, we remand with directions to correct the revocation order by deleting the references to paragraph 1 of condition 8, and paragraphs 3 and 4 of condition 12. See Southers v. State, 547 So. 2d 725 (Fla. 2d DCA 1989); Revear v. State, 497 So. 2d 1337 (Fla. 2d DCA 1986). [*914] Affirmed in part, reversed in part, and remanded -with directions. CAMPBELL, A.C.J., and PARKER, J., concur.…
Authorities Cited
- Revear v. State, 497 So. 2d 1337 (Fla. 2d DCA 1986)