Opinion
No. 95-321.
August 16, 1995.
An Appeal from the Circuit Court for Dade County, Maynard A. Gross and Amy Steele Donner, Judges.
Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Doquyen T. Nguyen, Asst. Atty. Gen., for appellee.
Before JORGENSON, GODERICH and GREEN, JJ.
CONFESSION OF ERROR
Upon the State's proper confession of error, and because no evidence of the burglary was presented at the probation violation hearing, this cause is remanded to the trial court to enter a written order of Revocation of Probation in case # 94-671, strike the finding of violation as to condition 6 (the burglary charge) and make such redetermination as may warranted, because the record is unclear as to whether the trial court would have revoked Defendant's probation and given him the same sentence absent the violation of condition 6.
Reversed and remanded with directions.