MATTHEW MORRIS
v.
STATE OF FLORIDA
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A revocation order entered against a defendant on community control must be corrected to accurately reflect the supervised status being revoked.
[1] A revocation order must accurately reflect whether the defendant was subject to probation or community control at the time of the violation, and the trial court must amen…
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Join FLexlaw to unlock all legal intelligenceMatthew Morris appealed an order revoking his probation and raised six issues on appeal. The state conceded that Morris was actually on community cont…
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PER CURIAM. Appellant appeals the order revoking his probation, raising six issues. We find all of the issues except one to be without merit and affirm without discussion. As to that issue, the state concedes, and we find, that appellant was on community control rather than probation at the time of the violation. We therefore remand for the trial court to correct the revocation order to reflect a violation of community control. See Gaston v. State, 698 So. 2d 641 (Fla. 4th DCA 1997); Brown v. State, 656 So. 2d 262 (Fla. 1st DCA 1995).
Affirmed and remanded with instructions. GERBER, C.J., LEVINE and FORST, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Buford v. State, 403 So. 2d 943 (Fla. 1981)
- Brown v. State, 656 So. 2d 262 (Fla. 1st DCA 1995)
- Nussdorf v. State, 495 So. 2d 819 (Fla. 4th DCA 1986)
- Batie v. State, 521 So. 2d 295 (Fla. 1st DCA 1988)
- Gaston v. State, 698 So. 2d 641 (Fla. 4th DCA 1997)
- Neonatology Assocs., P.A. v. State, 698 So. 2d 641 (Fla. 2d DCA 1997)
- Florida v. Buford, 454 U.S. 1163 (U.S. 1982)