Opinion
No. 76-1756.
November 9, 1977.
Appeal from Circuit Court, Broward County; W. Herbert Moriarty, Judge.
Richard L. Jorandby, Public Defender, Laurie Sistrunk, Asst. Public Defender, and Frank B. Kessler, Chief, Appellate Division, West Palm Beach, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Paul H. Zacks, Asst. Atty. Gen., West Palm Beach, for appellee State of Fla.
After a probation violation hearing, the trial court entered an order on August 3, 1976, finding the minor to be in violation of probation but continued the minor on probation. We find the evidence insufficient to support that portion of the order finding a violation of probation. See Demchak v. State, 351 So.2d 1053 (Fla. 4th DCA 1977); Robbins v. State, 318 So.2d 472 (Fla. 4th DCA 1975); Brown v. State, 305 So.2d 309 (Fla. 4th DCA 1974). However, we find the order proper in all other respects. Accordingly, the order is hereby modified to exclude the finding of a violation of probation; and the order is affirmed as modified.
ANSTEAD, DAUKSCH and LETTS, JJ., concur.