DAVID P. HENRY
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-12-13
No. 18-3325
Reinman, J., Evander, C.J., Orfinger, J., Wallis, J.
Florida District Court of Appeal, Fifth District (2019)

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Holding

The trial court's finding that Henry violated Special Condition C by having indirect contact with H.H. on February 14, February 24, April 2, April 13, and May 24, 2018 was supported by competent, substantial evidence, but the other violations were not.

Headnotes

[1] Where some but not all findings of probation violations are supported by competent, substantial evidence, the appellate court must reverse and remand to allow the trial c…

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Facts & Procedural History

David Henry was on probation with a special condition prohibiting contact with H.H. The trial court found Henry violated this condition on five dates …

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Topics
Violation Of Probation Competent Substantial Evidence

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Opinion of the Court
Remanded. Evander

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

DAVID P. HENRY,

Appellant,

v. Case No. 5D18-3325

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed December 13, 2019

Appeal from the Circuit Court for Brevard County, Morgan Laur Reinman, Judge.

James S. Purdy, Public Defender, and Danielle

R.

Rufai, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

David Henry appeals the entry of an order finding him in violation of his probation. We conclude that there was competent, substantial evidence to support the trial court’s determination that Henry violated Special Condition C, by having indirect contact with H.H. on February 14, February 24, April2, April 13, and May 24, 2018. However, because

AFFIRMED in part; REVERSED in part; REMANDED.

EVANDER, C.J., ORFINGER and WALLIS, JJ., concur.

Footnotes
2 the evidence was insufficient to support the other violations found by the trial court, we reverse and remand for the trial court to reconsider the sentence imposed and for correction of the violation of probation order. See, e.g., Whitehead v. State, 22 So. 3d 846, 849 (Fla. 2009) (holding that where three of nine findings of probation violations were not supported by evidence, appellate court would remand to allow trial court to consider sentence imposed based upon six supported violations; further ordering trial court to correct order revoking probation).

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