VIRGILIO ALIMONTA, A/K/A VIRGILIO ALIMONIA-PEREZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
VIRGILIO ALIMONTA, A/K/A VIRGILIO ALIMONIA-PEREZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
514 So. 2d 1155
Florida District Court of Appeal, Second District (1987)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The appellant was charged with the violation of four conditions of his community control. At the revocation hearing the state announced it would not proceed with the alleged violations of condition 5. The written order of revocation, however, identifies condition 5, as well as three other conditions, as a basis for revocation.
There was sufficient evidence of the violation of three conditions and we affirm. We remand, however, for correction of the revocation order by deletion of the reference to condition 5.
Affirmed and remanded.
RYDER, A.C.J., and LEHAN and FRANK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Shull v. Dugger, 515 So. 2d 748 (Fla. 1987)…1987); Mor-ganti v. State, 510 So. 2d 1182 (Fla. 4th DCA 1987); Central Bell v. State, 500 So. 2d 217 (Fla. 1st DCA 1986). But see Albury v. State, 503 So. 2d 460 (Fla. 3d DCA 1987); Wade v. State, 513 So. 2d 1358 (Fla. 2d DCA 1987); Davis v. State, 514 So. 2d 1155 (Fla. 2d DCA 1987). We see no reason for making an exception to the general rule requiring resen-tencing within the guidelines merely because the illegal departure was based upon only one invalid reason rather than several. We believe the better po…
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Bryant v. State, 148 So. 3d 1251 (Fla. 2014)…1987); Morganti v. State, 510 So. 2d 1182 (Fla. 4th DCA 1987); Central Bell v. State, 500 So. 2d 217 (Fla. 1st DCA 1986). But see Albury v. State, 503 So. 2d 460 (Fla. 3d DCA 1987); Wade v. State, 513 So. 2d 1358 (Fla. 2d DCA 1987); Davis v. State, 514 So. 2d 1155 (Fla. 2d DCA 1987)). Ultimately, we determined that there was no reason for making an exception to the general rule requiring resentencing within the guidelines merely because the illegal departure was based upon only one invalid reason rather than…