PHILLIP CONRAD BONTRAGER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Hearsay Evidence Admissibility cases and more on FLexlaw
MICKLE, Judge.
Phillip Bontrager appeals an order revoking his probation and imposing the original suspended sentences. The state showed by a preponderance of the evidence that the appellant violated probationary conditions (3) and (7). This evidence consisted of both properly admitted hearsay and non-hearsay, and the appellant has not demonstrated an abuse of the trial court’s wide discretion in making its determination. See Robinson v. State, 609 So. 2d 89 (Fla. 1st DCA 1992). "We affirm both the revocation of probation and the judgment and sentence. Although the trial court made acceptable oral findings establishing the grounds for revocation, we remand for it to amend the written order to specify “the terms and conditions of probation that have been violated.” Jones v. State, 638 So. 2d 126, 127 (Fla. 1st DCA 1994); Vezina v. State, 667 So. 2d 294 (Fla. 1st DCA 1995). The appellant need not be present for this merely clerical correction. Edwards v. State, 668 So. 2d 1090 (Fla. 1st DCA 1996).
AFFIRMING the judgment and sentence and REMANDING with directions to amend the written order to recite the terms and conditions of probation that were violated.
MINER and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Mack v. State, 694 So. 2d 130 (Fla. 5th DCA 1997)…1994); Robinson v. State, 609 So. 2d 89 (Fla. 1st DCA 1992); Frazier v. State, 571 So. 2d 593 (Fla. 2d DCA 1990); Clark v. State, 510 So. 2d 1202 (Fla. 2d DCA 1987). The appellant need not be present for this clerical correction. Bontrager v. State, 678 So. 2d 518 (Fla. 1st DCA 1996). AFFIRMED AND REMANDED WITH INSTRUCTIONS. PETERSON, C.J., and COBB and THOMPSON, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).…
-
Houston v. State, 688 So. 2d 4 (Fla. 1st DCA 1997)…ted, in conformance with the trial court’s oral pronouncement. See Gay v. State, 679 So. 2d 21 (Fla. 1st DCA 1996); Robinson v. State, 609 So. 2d 89 (Fla. 1st DCA 1992). Appellant need not be present for this clerical correction. Bontrager v. State, 678 So. 2d 518 (Fla. 1st DCA 1996). WEBSTER, LAWRENCE and PADOVANO, JJ., concur.…
-
Wilson v. State, 696 So. 2d 869 (Fla. 1st DCA 1997)…f probation appellant was found to have violated. See McKinney v. State, 624 So. 2d 373 (Fla. 1st DCA 1993); Hogwood v. State, 615 So. 2d 780 (Fla. 1st DCA 1993). Appellant need not be present for this merely clerical correction. Bontrager v. State, 678 So. 2d 518 (Fla. 1st DCA 1996). We have considered the issues raised in appellant’s pro se briefs, and conclude that none of those matters warrant reversal under the circumstances. However, this disposition is without prejudice to appellant’s right to pursue…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Robinson v. State, 609 So. 2d 89 (Fla. 1st DCA 1992)
- Jones v. State, 638 So. 2d 126 (Fla. 1st DCA 1994)
- Edwards v. State, 668 So. 2d 1090 (Fla. 1st DCA 1996)
- Vezina v. State, 667 So. 2d 294 (Fla. 1st DCA 1995)