SAMUEL CONRAD GAMBLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Samuel Conrad Gamble appeals an order revoking his probation. We affirm the revocation because we agree with the state there is sufficient evidence in the record that three conditions of probation were violated. The fourth violation relied upon by the trial judge, that appellant made no reasonable efforts to complete the required anger management course, while true, does not support revocation because there was no deadline given in the probation order for completion of the course and there yet remained time in the probation period to satisfy this requirement. Melecio v. State, 662 So. 2d 408, 410 (Fla. 1st DCA 1995). Although the facts are sufficient to support revocation, we are required to remand to the trial court for correction of the written revocation order to reflect the specific violations found. Davis v. State, 667 So. 2d 885, 886 (Fla. 1st DCA 1996).
AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion.
BOOTH, MINER AND VAN NORTWICK, JJ., CONCUR.
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Dwaine Woodson v. State, 864 So. 2d 512 (Fla. 5th DCA 2004)…these conditions. .See Palma v. State, 830 So. 2d 201 (Fla. 5th DCA 2002); O’Neal v. State, 801 So. 2d 280 (Fla. 4th DCA 2001); Butler v. State, 775 So. 2d 320 (Fla. 2d DCA 2000); Jones v. State, 744 So. 2d 537 (Fla. 2d DCA 1999); Gamble v. State, 737 So. 2d 1160 (Fla. 1st DCA 1999); Mitchell v. State, 717 So. 2d 609 (Fla. 4th DCA 1998); Edgerton v. State, 703 So. 2d 1249 (Fla. 5th DCA 1998); Salzano v. State, 664 So. 2d 23 (Fla. 2d DCA 1995); Melecio v. State, 662 So. 2d 408 (Fla. 1st DCA 1995); Gibbs v. St…
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Muthra v. State, 777 So. 2d 1067 (Fla. 3d DCA 2001)…pecial conditions and where at the time that the defendant was charged with violating his probation, there was more than sufficient time remaining in the probationary period [*1068] for the performance of the special conditions. See Gamble v. State, 737 So. 2d 1160 (Fla. 1st DCA 1999); Melecio v. State, 662 So. 2d 408 (Fla. 1st DCA 1995); Green v. State, 620 So. 2d 1126 (Fla. 1st DCA 1993). Moreover, we also agree with the defendant that a violation, if any, cannot be deemed willful where he was unable to comp…
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Cleveland Williams v. State, 839 So. 2d 926 (Fla. 2d DCA 2003)…his occasion did not violate the condition. We direct the court to reinstate Williams’s probation to allow him the balance of the three-year period to complete this condition. See Muthra v. State, 777 So. 2d 1067 (Fla. 3d DCA 2001); Gamble v. State, 737 So. 2d 1160 (Fla. 1st DCA 1999). Reversed and remanded for further proceedings. STRINGER and DAVIS, JJ., concur.…
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- Melecio v. State, 662 So. 2d 408 (Fla. 1st DCA 1995)
- Davis v. State, 667 So. 2d 885 (Fla. 1st DCA 1996)