SAMUEL WADE LONGMIRE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1984-09-26
No. AW-478
SHIVERS, WENTWORTH and NIM-MONS, JJ., concur.
456 So. 2d 560 Florida District Court of Appeal, First District (1984) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The order revoking appellant’s probation is affirmed.

However, the case is remanded to the trial court for correction of an obvious error in the revocation order. The affidavit charged several substantial violations of probation. One of the alleged violations was the commission of a burglary. At the revocation hearing, however, the state chose to rely upon the other violations and produced no evidence pertaining to the alleged burglary. Although the revocation order recites that the appellant had violated his probation “as charged in the affidavit,” it is apparent that the court did not intend that its order encompass the burglary charge, there having been no evidence presented pertaining to that charge.

Accordingly, the case is remanded to the trial court for the entry of an amended revocation order which expressly recognizes that the appellant was not found to have violated his probation by committing the alleged burglary. The appellant’s presence before the trial court shall not be required in connection with the entry of the amended order as required herein.

Affirmed and Remanded to the trial court for the entry of an amended order. SHIVERS, WENTWORTH and NIM-MONS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Bennett v. State, 588 So. 2d 691 (Fla. 1st DCA 1991)
    …this matter must be remanded for correction of a scrivener’s error in the written probation order, to reflect that appellant violated only one condition of probation, in conformance with the trial court’s oral pronouncements. See Longmire v. State, 456 So. 2d 560 (Fla. 1st DCA 1984); Carson v. State, 489 So. 2d 1236 (Fla. 2d DCA 1986). Accordingly, this cause is remanded for correction of the written probation order in accordance with the trial court’s oral pronouncement. SHIVERS and ZEHMER, JJ., concur.…

Full citator, related cases, and AI research tools

Open in FLexlaw