Summary
holding evidence sufficient to conclude that probationer had changed his residence without probation officer's permission where probation officer could not make contact with probationer after visiting residence numerous times and leaving several messages that were never answered
Summary of this case from Robaldo v. StateOpinion
No. 98-1782.
May 26, 1999.
Appeal from the Circuit Court, Seventeenth Judicial Circuit, Broward County, Mark A. Speiser, J.
Richard L. Jorandby, Public Defender, and Margaret Good-Earnest, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.
We affirm the revocation of probation, but remand to the trial court for the entry of a written order. See Babb v. State, 720 So.2d 1168 (Fla. 4th DCA 1998); Bingham v. State, 719 So.2d 1032 (Fla. 3d DCA 1998). The probation officer's testimony was sufficient for the trial court to conclude that appellant had changed his residence without his probation officer's permission. See McPherson v. State, 530 So.2d 1095 (Fla. 1st DCA 1988); McNealy v. State, 479 So.2d 138 (Fla. 2d DCA 1985). Cito v. State, 721 So.2d 1192 (Fla. 2d DCA 1998), relied upon by appellant, is distinguishable. In Cito, the only evidence of the violation was the probation officer's testimony that the probationer's mother did not know where he was; there was no evidence, as in this case, that the officer could not make contact with the probationer after visiting the residence numerous times and leaving several messages which were never answered.
Affirmed and remanded for entry of a written order.
KLEIN, GROSS and HAZOURI, JJ., concur.