Opinion
No. 94-2376.
May 24, 1995.
An Appeal from the Circuit Court for Monroe County; Ruth Becker, Judge.
Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Mark C. Katzef, Asst. Atty. Gen., for appellee.
Before NESBITT, GERSTEN and GODERICH, JJ.
CONFESSION OF ERROR
As the state correctly concedes, the trial court erred by considering an untimely filed charge in deciding whether to revoke the defendant's probation and sentence him to a term of community control. See State v. Hall, 641 So.2d 403 (Fla. 1994); Aguiar v. State, 593 So.2d 1225 (Fla. 3d DCA 1992); McPherson v. State, 530 So.2d 1095 (Fla. 1st DCA 1988).
Accordingly, the case is remanded with instructions to the trial court to withdraw its finding that the defendant violated probationary condition number three. In all other respects, the order revoking the defendant's probation and placing him on community control is affirmed.
Affirmed and remanded with instructions.