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Williams v. State

District Court of Appeal of Florida, First District
Jul 23, 2002
821 So. 2d 457 (Fla. Dist. Ct. App. 2002)

Opinion

No. 1D01-3100.

July 23, 2002.

An Appeal from the Circuit Court for Bay County. Dedee S. Costello, Judge.

Nancy A. Daniels, Public Defender; Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Robert R. Wheeler, Assistant Attorney General, Tallahassee, for Appellee.


Appellant, Chipper Williams, appeals an order revoking his probation. We affirm the revocation because there is sufficient evidence in the record that Appellant violated two of his conditions of probation by committing a new law violation and possessing cocaine. However, in this case, Appellant's failure to undergo a drug and alcohol evaluation does not support revocation. See Gamble v. State, 737 So.2d 1160 (Fla. 1st DCA 1999). The State also concedes that the written order of revocation included findings that contradicted the trial court's oral pronouncement. Accordingly, we remand to the trial court with instructions to correct the written revocation order to reflect the specific violations found. See Gamble.

AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings.

MINER, PADOVANO and BROWNING, JJ., concur.


Summaries of

Williams v. State

District Court of Appeal of Florida, First District
Jul 23, 2002
821 So. 2d 457 (Fla. Dist. Ct. App. 2002)
Case details for

Williams v. State

Case Details

Full title:CHIPPER WILLIAMS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Jul 23, 2002

Citations

821 So. 2d 457 (Fla. Dist. Ct. App. 2002)