DAVID LISHINSKY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVID LISHINSKY, APPELLANT,
STATE OF FLORIDA, APPELLEE
219 So. 3d 89
Florida District Court of Appeal, Fourth District (2017)
Positive Treatment
Cited by 3 cases
Opinion of the Court
David Lishinsky appeals the trial court’s order revoking his probation in Case Nos. 11-6410CF1QA, 12-668CF10A and 13-10939CF10A. As the State concedes, the probation affidavit is not included in the record on appeal. However, because the transcript of the revocation hearing indicates the possible existence of the probation affidavit, we reverse and remand to the trial court to conduct further proceedings directed at locating and considering the probation affidavit. See Howard v. State, 883 So.2d 879, 880 (Fla. 4th DCA 2004).
Reversed and Remanded.
Levine, Klingensmith and Kuntz, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Raimondi v. State, 253 So. 3d 749 (Fla. 3d DCA 2018)
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Jones v. State (Fla. 1st DCA 2020)…ealed the possibility that it was filed, and “to enter a written order specifying the basis for its revocation of community control” because the record did not contain a written order of revocation (citation omitted)); see also Lishinsky v. State, 219 So. 3d 89 (Fla. 4th DCA 2017) (similar). If the trial court finds on remand that a violation affidavit was filed in this case, we instruct it to enter a written order revoking Jones’s probation and specifying the basis for revocation because, as the State ac…
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Singleton v. State (Fla. 5th DCA 2020)
Authorities Cited
- Marcine Howard v. State, 883 So. 2d 879 (Fla. 4th DCA 2004)