STEVE HAMILTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
STEVE HAMILTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
578 So. 2d 526
Florida District Court of Appeal, Fourth District (1991)
Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM:
We affirm but remand to the trial court for the entry of a corrected order revoking probation. The corrected order should delete the three grounds which were not orally announced at the conclusion of the revocation hearing, as well as the alleged use of cocaine. We conclude that the finding of use of cocaine was not supported by competent evidence. The only grounds for the revocation should be failing to keep the appointment with the probation officer and failing to perform community service.
AFFIRMED AND REMANDED WITH DIRECTIONS.
ANSTEAD, DELL and FARMER, JJ., concur.
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Bowie v. State, 689 So. 2d 420 (Fla. 4th DCA 1997)…PER CURIAM. We affirm but remand to the trial court for the entry of a written order revoking appellant’s community control. Hamilton v. State, 578 So. 2d 526 (Fla. 4th DCA 1991). KLEIN, PARIENTE and GROSS, JJ., concur.…
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Hawthorne v. State, 583 So. 2d 425 (Fla. 1st DCA 1991)…order was therefore both inconsistent with the oral pronouncement, and was itself incorrect, in that the alleged violations of (5) were not tried. A written revocation order must conform to the oral pronouncement at the hearing. Hamilton v. State, 578 So. 2d 526 (Fla. 4th DCA 1991). However, there was no meaningful oral pronouncement in this case, in that Conditions (4) and (5) were clearly not at issue. Further, although the written revocation order purports to state grounds for revocation, it is also mean…
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Fierro v. State, 658 So. 2d 669 (Fla. 4th DCA 1995)…PER CURIAM. We affirm but remand to the trial court for the entry of a corrected order revoking probation. Hamilton v. State, 578 So. 2d 526 (Fla. 4th DCA 1991). The order revoking probation incorporates by reference the amended affidavit of violation of probation. The amended affidavit alleges six violations. Only four of the six violations formed the basis of the order revoking probati…
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