DAVID DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that there was sufficient competent evidence to support the revocation of probation and affirmed the revocation.
David Davis challenged the revocation of his probation, arguing insufficient evidence that he violated it by committing charged crimes. The trial cour…
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David Davis challenges the order revoking his probation and the resulting judgment entered following a nonjury trial. Davis argues' that there was insufficient competent evidence that he violated his probation by committing the crimes charged in the amended affidavit of violation of probation filed. We disagree and affirm. See Jones v. State, 423 So.2d 513, 514 (Fla. 5th DCA 1982) (concluding that defendant’s own admissions to committing the crimes charged, together with other hearsay evidence, was sufficient to sustain revocation of probation order).
However, wé find it necessary to remand this case to correct three ministerial or scrivener’s errors in the order and judgment. First, the written order revoking probation does not set forth the specific condition or conditions of probation violated; so we remand for entry of a proper order. See Perez v. State, 958 So.2d 1076, 1076 (Fla. 5th DCA 2007). Second, the revocation order and the judgment list count III, receiving money from a pawn broker by false verification or identification, as a second-degree felony, when it was charged as a third-degree felony.1 Third, the correct statutory citation for counts III and V is section 539.001(8)(b)8.a., Florida Statutes.
AFFIRMED and REMANDED with directions.2
PALMER, TORPY, and LAMBERT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jillette Jones v. State, 423 So. 2d 513 (Fla. 5th DCA 1982)
- Perez v. State, 958 So. 2d 1076 (Fla. 5th DCA 2007)
- Wells v. City OF ST. Petersburg, 958 So. 2d 1076 (Fla. 2d DCA 2007)