JERMAINE EDWARD MCAROY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JERMAINE EDWARD MCAROY, APPELLANT,
STATE OF FLORIDA, APPELLEE
975 So. 2d 587
Florida District Court of Appeal, First District (2008)
Opinion of the Court
PER CURIAM.
Appellant challenges the revocation of his probation. We AFFIRM the revocation based on two violations of Condition (5). At the revocation' hearing, the State presented no evidence regarding the third alleged violation of Condition (5), committing the offense of neglect of a child without great bodily harm. Accordingly, we REMAND with directions to strike that portion of the order finding this third violation. See, e.g., Sherwood v. State, 933 So. 2d 43, 44-45 (Fla. 2d DCA 2006); Davis v. State, 478 So. 2d 112, 113 (Fla. 2d DCA 1985).
ALLEN, KAHN, and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Davis v. State, 478 So. 2d 112 (Fla. 2d DCA 1985)
- Sherwood v. State, 933 So. 2d 43 (Fla. 2d DCA 2006)