MIGUEL LARGAESPADO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
MIGUEL LARGAESPADO, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
658 So. 2d 189
Florida District Court of Appeal, Third District (1995)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Upon the State’s proper confession of error, and because no evidence of the burglary was presented at the probation violation hearing, this cause is remanded to the trial court to enter a written order of Revocation of Probation in case # 94-671, strike the finding of violation as to condition 6 (the burglary charge) and make such redetermination as may warranted, because the record is unclear as to whether the trial court would have revoked Defendant’s probation and given him the same sentence absent the violation of condition 6.
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Shelton Scarlet v. State, 766 So. 2d 1110 (Fla. 3d DCA 2000)…e reverse and remand for further proceedings, as it is not clear from the record that on the two remaining probation violation findings, the trial court would have revoked defendant’s probation or entered the same sentence. See Largaespado v. State, 658 So. 2d 189 (Fla. 3d DCA 1995).…
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Cheatham v. State, 751 So. 2d 751 (Fla. 3d DCA 2000)…ound for revocation was proper, “the record is unclear as to whether the trial court would have revoked Defendant’s probation and given him the same sentence absent the violation” of the conditions not alleged in the affidavit. Largaespado v. State, 658 So. 2d 189, 189 (Fla. 3d DCA 1995); see also Mack v. State, 440 So. 2d 602 (Fla. 3d DCA 1983). Accordingly, we reverse and remand with directions to the trial court to reconsider the revocation of probation and the sentence imposed considering only those vio…