MONTEMUS JENKINS, II, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*42] PER CURIAM.
Appellant seeks review of the order finding him in violation of his probation. We strike the finding that appellant violated condition four of his probation as it was not supported by any evidence other than the hearsay testimony of the probation officer. See Vezina v. State, 644 So. 2d 602 (Fla. 1st DCA 1994); Scott v. State, 446 So. 2d 1105 (Fla. 2d DCA 1984). We also note that the certified copy of appellant’s driving record does not appear in the record. In addition, the written findings do not conform to the oral pronouncement of the court because the revocation order does not specify which terms of probation appellant violated. Because we cannot determine from the record whether the trial court would have revoked probation based solely on the remaining valid violations, we REVERSE and REMAND for reconsideration. Daniels v. State, 680 So. 2d 490 (Fla. 1st DCA 1996); Gavins v. State, 587 So. 2d 487 (Fla. 1st DCA 1991).
MINER, ALLEN and PADOVANO, JJ., concur.
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Cited By
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Taylor v. State, 734 So. 2d 1171 (Fla. 1st DCA 1999)…nthly reports. We accordingly reverse the order of revocation of probation, vacate the sentence imposed upon revocation of probation, and remand this case for reconsideration of the revocation and sen [*1173] tencing decisions. See Jenkins v. State, 691 So. 2d 41 (Fla. 1st DCA 1997). LAWRENCE and BENTON, JJ., CONCUR.…
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Dixon v. State, 789 So. 2d 522 (Fla. 1st DCA 2001)…rol and sentenced the defendant to sixty months in the Department of Corrections, based on the battery charge alone. Accordingly, we reverse the revocation order and remand the case to the trial court for further consideration. See Jenkins v. State, 691 So. 2d 41 (Fla. 1st DCA 1997); Daniels v. State, 680 So. 2d 490 (Fla. 1st DCA 1996). BOOTH, KAHN and PADOVANO, JJ., concur.…
Authorities Cited
- Lambert Keith Gavins v. State, 587 So. 2d 487 (Fla. 1st DCA 1991)
- Ware v. Walt Disney World Co. & Fla. Unemployment Appeals Comm'n, 644 So. 2d 602 (Fla. 2d DCA 1994)
- Vezina v. State, 644 So. 2d 602 (Fla. 1st DCA 1994)
- Scott v. State, 446 So. 2d 1105 (Fla. 2d DCA 1984)
- Kent v. Fla. Dep't OF Corr., 680 So. 2d 490 (Fla. 1st DCA 1996)
- Daniels v. State, 680 So. 2d 490 (Fla. 1st DCA 1996)