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S.C. v. State

Third District Court of Appeal State of Florida
Jul 23, 2014
143 So. 3d 1053 (Fla. Dist. Ct. App. 2014)

Opinion

No. 3D13–1924.

2014-07-23

S.C., a juvenile, Appellant, v. The STATE of Florida, Appellee.

Carlos J. Martinez, Public Defender, and Billie Jan Goldstein, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Jeffrey R. Geldens, Assistant Attorney General, for appellee.



Carlos J. Martinez, Public Defender, and Billie Jan Goldstein, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Jeffrey R. Geldens, Assistant Attorney General, for appellee.
Before EMAS, FERNANDEZ and SCALES, JJ.

PER CURIAM.

S.C. appeals from trial court orders that revoked her probation and imposed a new probation. We affirm the revocation of probation, concluding there was sufficient evidence to satisfy the trial court's finding that S.C. violated her probation.

However, the order of revocation includes a statement that S.C. tested positive for THC on February 8, 2013. The State concedes the February 8, 2013 drug test should not have been a basis for revocation because it was not addressed at the hearing. Accordingly, we remand to the trial court solely for entry of a corrected order of revocation that deletes the reference to S.C. testing positive for THC on February 8, 2013. See Johnson v. State, 667 So.2d 475 (Fla. 3d DCA 1996).

Affirmed and remanded with instructions.


Summaries of

S.C. v. State

Third District Court of Appeal State of Florida
Jul 23, 2014
143 So. 3d 1053 (Fla. Dist. Ct. App. 2014)
Case details for

S.C. v. State

Case Details

Full title:S.C., a juvenile, Appellant, v. The State of Florida, Appellee.

Court:Third District Court of Appeal State of Florida

Date published: Jul 23, 2014

Citations

143 So. 3d 1053 (Fla. Dist. Ct. App. 2014)