SHELDON TERRENCE COBHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SHELDON TERRENCE COBHAM, APPELLANT,
STATE OF FLORIDA, APPELLEE
736 So. 2d 67
Florida District Court of Appeal, Fourth District (1999)
Positive Treatment
Cited by 4 cases
Other
PER CURIAM.
We grant in part appellant’s motion for rehearing, withdraw our prior opinion, and substitute the following corrected opinion:
Sheldon Terrence Cobham timely appeals from his revocation of community control after the court found he had violated several conditions of his community control and consecutive probation. The record supports that Cobham willfully and substantially violated on two occasions the condition that he remain confined to his approved residence at the times specified in the court’s order. Based on these two violations, we affirm the court’s exercise of discretion in revoking Cobham’s community control and probation. However, because the record does not support the finding that Cobham did willfully and substantially violate the remaining conditions of his community control and probation, as charged by the state, we reverse the order of revocation only to the extent that the court found that Cobham violated such conditions. On remand, the trial court is instructed to reconsider the sentence to be imposed based on revocation of community control due solely to Cobham’s failure to remain confined to his approved residence when specified on two occasions. See Thompson v. State, 710 So. 2d 80 (Fla. 4th DCA 1998).
AFFIRMED in part; REVERSED in part and REMANDED in accordance with this opinion.
GUNTHER, POLEN and FARMER, JJ., concur.
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Yerrick v. State, 979 So. 2d 1228 (Fla. 4th DCA 2008)…and unlicensed contracting. We cannot confidently say, though, that the trial court would necessarily have imposed the same sentence. We thus remand the case to the trial court for reconsideration of the sentence imposed. See, e.g., Cobham v. State, 736 So. 2d 67 (Fla. 4th DCA 1999) (affirming revocation of community control based upon two of the several grounds found by the trial court and remanding for reconsideration of sentence). Affirmed in part, Reversed in part and Remanded. KLEIN and TAYLOR, JJ., c…
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LeMASTER v. State, 765 So. 2d 259 (Fla. 1st DCA 2000)…separate occasions. Therefore, we reverse and remand for the trial court’s consideration of the issue. See Whittington v. State, 688 So. 2d 1035, 1036 (Fla. 1st DCA 1997) (citing Gavins v. State, 587 So. 2d 487 (Fla. 1st DCA 1991)); Cobham v. State, 736 So. 2d 67 (Fla. 4th DCA 1999) (citing Thompson v. State, 710 So. 2d 80 (Fla. 4th DCA 1998)). REVERSED and REMANDED. BOOTH, MINER and VAN NORTWICK, JJ„ CONCUR.…
Authorities Cited
- C.A. Burnette v. Grove Isle Club, Inc., 710 So. 2d 80 (Fla. 3d DCA 1998)