JOSE MORALES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1993-08-31
No. 93-476
Before BARKDULL, COPE and GODERICH, JJ.
622 So. 2d 1173 Florida District Court of Appeal, Third District (1993) Positive Treatment
Cited by 3 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal questions the propriety of an order revoking the appellant’s probation. The state has conceded that the trial court’s order finding a violation of condition two and conditions ten through four teen was in error. This leaves only the finding of the violation of condition one as a subject matter to be further considered. We have examined the record and find no error in determining that there was a violation of condition one which required monthly reports and which alone justifies the revocation of probation. Therefore, we first strike from the order the finding of violations as to condition two, and conditions ten through fourteen, and second, finding no error as to the violation of condition one, we affirm the order revoking the probation as amended.

Affirmed as amended.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Hall v. State, 625 So. 2d 1310 (Fla. 3d DCA 1993)
    …ntial, and uncontradicted testimony was presented as to the allegations contained in the original affidavit. This evidence was sufficient to justify the court’s revocation of probation and the imposition of the seven year sentence. Morales v. State, 622 So. 2d 1173 (Fla. 3d DCA 1993). However, we strike from the order revoking probation the finding of violation as to the condition based on the offense the defendant allegedly committed on November 5th because that charge was contained in an untimely filed amend…
  • Alvarez v. State, 638 So. 2d 992 (Fla. 3d DCA 1994)
    …s of her probation. The record of the probation revocation hearing reveals that the judge directly questioned Alvarez closely and found, on Alvarez’s own admission, that she was in willful violation of her probation conditions. See Morales v. State, 622 So. 2d 1173 (Fla. 3d DCA 1993); Thomas v. State, 453 So. 2d 156 (Fla. 1st DCA 1984). Accordingly, we affirm..…
  • Williams v. State, 19 So. 3d 1007 (Fla. 3d DCA 2009)
    …1184, 1186 (Fla. 3d DCA 2007) (confirming that the State’s burden of proof in a probation violation proceeding is preponderance of the evidence). The order revoking Williams’ probation is therefore affirmed as modified herein. See Morales v. State, 622 So. 2d 1173, 1174 (Fla. 3d DCA 1993) (striking those portions of an order revoking probation on the State’s concession that certain alleged violations were unsupported, while affirming the revocation order on the remainder of the trial court’s findings); see al…

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