ANDRIL LYNETTE JENKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
The appellant challenges the revocation of her probation, with the trial court finding that the appellant violated two conditions of the probation. As the appellant asserts, the evidence which the court considered was insufficient to establish the charged violation that the appellant moved from her residence without permission. But it is clear from the discussion below that the court would have revoked the probation and imposed the resulting sentence solely upon the other violation. The finding as to a violation for moving without permission is stricken, and the revocation order is otherwise affirmed. See Wilson v. State, 506 So.2d 1170 (Fla. 3d DCA 1987); Kane v. State, 473 So.2d 786 (Fla. 1st DCA 1985).
BARFIELD and VAN NORTWICK, JJ., concur.
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Citator
Cited By
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Henderson v. State, 133 So. 3d 630 (Fla. 1st DCA 2014)…the trial court would have revoked Ms. Henderson’s probation based solely on her new law violations (probation condition five), we affirm the revocation of her probation. See Boyer v. State, 39 So. 3d 374, 375 (Fla. 1st DCA 2010); Jenkins v. State, 24 So. 3d 752 (Fla. 1st DCA 2009). But we remand with instructions for the trial court to strike from the order the violations relating her nonpayment of financial obligations (probation condition ten). BENTON, SWANSON, and OSTERHAUS, JJ. concur.…
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Lerner v. Ino Halegua, 154 So. 3d 445 (Fla. 3d DCA 2014)…d to authenticate a videotape for purposes of the ‘silent witness theory.’ ” Wagner, 707 So. 2d at 830. Mr. Halegua argues that the individual photos depicting frames of the surveillance videotape are admissible under the analysis in H.A. v. State, 24 So. 3d 752 (Fla. 3d DCA 2009). In that case, however, the drugstore employee who authenticated photos of videotape frames had actually observed the theft depicted on the videotape and in the photos. The same employee also testified that the photos had been dow…
Authorities Cited
- Wilson v. State, 506 So. 2d 1170 (Fla. 3d DCA 1987)
- Kane v. State, 473 So. 2d 786 (Fla. 1st DCA 1985)