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Pendergrass v. State

District Court of Appeal of Florida, Second District
Jun 24, 1992
601 So. 2d 1250 (Fla. Dist. Ct. App. 1992)

Summary

reversing probation revocation based upon charges dismissed due to suppressed evidence

Summary of this case from Swilley v. State

Opinion

No. 91-03512.

June 24, 1992.

Appeal from the Circuit Court, Collier County, Charles T. Carlton, J.

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


We reverse the revocations of defendant's probations. The revocations stemmed from defendant having been charged with possession of a stolen driver's license and carrying a concealed weapon, alleged violations of probation condition 5 requiring no violations of law. The record indicates that the trial court dismissed these charges after granting defendant's motion to suppress. See Graddy v. State, 517 So.2d 772 (Fla. 2d DCA 1988) (revocation improper if based on commission of new charges that are subsequently dismissed). See also Cross v. State, 469 So.2d 226 (Fla. 2d DCA 1985), approved, 487 So.2d 1056 (Fla.), cert. dismissed, 479 U.S. 805, 107 S.Ct. 248, 93 L.Ed.2d 172 (1986) (exclusionary rule applies in revocation proceeding).

We affirm the imposition of conditions 6 and 9 which defendant contends are unrelated to the offenses of which he was convicted. Defendant did not challenge these conditions at the time he was originally placed on probation. See Baxter v. State, 596 So.2d 460 (Fla. 2d DCA 1991), review denied, No. 79,148 (Fla. Apr. 28, 1992).

Reversed in part, affirmed in part and remanded.

RYDER, A.C.J., and BLUE, J., concur.


Summaries of

Pendergrass v. State

District Court of Appeal of Florida, Second District
Jun 24, 1992
601 So. 2d 1250 (Fla. Dist. Ct. App. 1992)

reversing probation revocation based upon charges dismissed due to suppressed evidence

Summary of this case from Swilley v. State
Case details for

Pendergrass v. State

Case Details

Full title:JOSEPH J. PENDERGRASS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 24, 1992

Citations

601 So. 2d 1250 (Fla. Dist. Ct. App. 1992)

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