LEO FRANK EDWARDS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LEO FRANK EDWARDS, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
411 So. 2d 274
Florida District Court of Appeal, First District (1982)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant appeals the trial court’s modification of his probation upon it finding that he had violated two conditions thereof by:
Violating Condition (4) in that on May 2, 1981, the aforesaid was in possession of a firearm, to wit: a Remington 1100 shotgun.
Violating Condition (5) in that the aforesaid violated the law by his arrest on May 22, 1981, for the offense of grand theft.
The evidence is insufficient to support a modification based on a violation of Condition (5). However, there is sufficient evidence to modify on the basis of a violation of Condition (4). Therefore, we affirm the modification on that ground.
AFFIRMED.
McCORD, ERVIN and SHAW, JJ., concur.
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Erling Knud Ove Hansen, Jr. v. Louie L. Wainwright, 493 So. 2d 38 (Fla. 1st DCA 1986)…A 1982) (court affirmed revocation of probation where there was sufficient evidence of a substantial violation of probation, although it struck one of the grounds used by the trial court in revoking probation for lack of evidence); Edwards v. State, 411 So. 2d 274 (Fla. 1st DCA 1982) (court affirmed trial court’s modification of probation finding there was sufficient evidence to justify the modification based on the violation of one condition while finding the evidence was insufficient to support modification…