DANIEL MATOS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Revocation Of Community Control cases and more on FLexlaw
PER CURIAM.
Appellant Daniel Matos timely appeals an order revoking his community control. We find that the evidence presented by the State was insufficient to establish Matos violated the terms of his community control by failing to remain in his residence on May 26, 2004 at 10:00 p.m., and therefore we order the trial court to strike reference to this alleged violation from its revocation order. However, we affirm the order revoking Matos’ community control because Matos was found in violation of, and does not appeal, eight other counts. See Haygood v. State, 687 So. 2d 318, 319 (Fla. 4th DCA 1997) (striking portion of order revoking community control because some violations were not supported by evidence, but affirming revocation because it was clear trial court would have revoked community control based solely on proper violations).
AFFIRMED and REMANDED with instructions.
STEVENSON, C.J., POLEN and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
E.J. v. State, 29 So. 3d 348 (Fla. 3d DCA 2010)…o report to the Dade Marine Institute is a substantial violation of E.J.’s probation, and this violation alone is sufficient to sustain a revocation of his probation, remand for reconsideration by the trial court is not required. See Matos v. State, 956 So. 2d 1240, 1240 (Fla. 4th DCA 2007) (affirming revocation of community control after striking some of the violations but finding other violations were supported by the evidence); Butler v. State, 932 So. 2d 306, 307 (Fla. 2d DCA 2006) (recognizing that when a…
-
Reeves v. State, 23 So. 3d 1263 (Fla. 4th DCA 2009)…Fla. R.Crim. P., to enlarge the sixty day time limit to file and hear a Rule 3.800(c) motion to mitigate sentence. The sixty day time limit would otherwise be jurisdictional. See State v. Woodard, 866 So. 2d 120 (Fla. 4th DCA 2004); Seeber v. State, 956 So. 2d 1240 (Fla. 4th DCA 2007). However, this does not result in an enlargement of time to file a notice of appeal of an alleged violation of the plea agreement pursuant to Rule 3.170(1), Fla. R.Crim. P., and Rule 9.140(b)(2)(A)(ii)(b). A notice of appeal on…
-
Petit v. State, 992 So. 2d 293 (Fla. 3d DCA 2008)…umstances of the case, including the fact that the present case is no less than the third time Petit had violated his probation, that the trial court would have reached the same result without consideration of the invalid ground. See Matos v. State, 956 So. 2d 1240 (Fla. 4th DCA 2007); Pollard v. State, 930 So. 2d 854 (Fla. 2d DCA 2006); Haygood v. State, 687 So. 2d 318 (Fla. 4th DCA 1997). Affirmed as amended.…
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
- Haygood v. State, 687 So. 2d 318 (Fla. 4th DCA 1997)