THADDEUS HANNAH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ALTENBERND, Judge.
Thaddeus Hannah appeals a final order revoking his community control. We strike the court’s finding that Mr. Hannah violated condition eight because the State failed to present sufficient evidence that Mr. Hannah willfully and substantially violated this condition. See Oates v. State, 872 So. 2d 351 (Fla. 2d DCA 2004) (citing Hanania v. State, 855 So. 2d 92, 94 (Fla. 2d DCA 2003)). However, the State proved that Mr. Hannah willfully and substantially violated conditions nine and twelve of his community control. Because we conclude the trial court would have exercised the discretion to revoke Mr. Hannah’s community control based on the violations of conditions nine and twelve, we affirm the order revoking probation. On remand, the revocation order should be amended to show violations of conditions nine and twelve only.
Affirmed in part, reversed in part, and remanded.
CASANUEVA and STRINGER, JJ., Concur.
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Citator
Cited By
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Miller v. State, 13 So. 3d 174 (Fla. 2d DCA 2009)…probationary period had expired prior to the commencement of the revocation proceeding. Accordingly, we reverse the revocation of probation and the resulting judgment and sentence for improper exhibition of a dangerous weapon. See Marshall v. State, 934 So. 2d 665, 666 (Fla. 2d DCA 2006). On remand, the trial court shall enter a written revocation order consistent with this opinion. Affirmed in part, reversed in part, and remanded. ALTENBERND and CASANUEVA, JJ., Concur.…
Authorities Cited
- Oates v. State, 872 So. 2d 351 (Fla. 2d DCA 2004)
- Hanania v. State, 855 So. 2d 92 (Fla. 2d DCA 2003)