Adger v. State

Full title: ERIC ADGER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 7, 1988

534 So. 2d 892 (Fla. Dist. Ct. App. 1988)

Opinion

No. 88-0344.

December 7, 1988.

Appeal from the Circuit Court for St. Lucie County; Dwight L. Geiger, Judge.

Richard L. Jorandby, Public Defender, and Allen J. Deweese, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

OPINION ON REHEARING

PER CURIAM.

We grant the state's petition for rehearing, withdraw our prior opinion and substitute therefor the following opinion.

We reverse the order revoking appellant's probation because we find the grounds for revocation either legally invalid or contrary to the trial court's oral pronouncement at the end of the revocation hearing. See Bexley v. State, 490 So.2d 226 (Fla. 2d DCA 1986); Page v. State, 363 So.2d 621 (Fla. 1st DCA 1978).

ANSTEAD, LETTS and WALDEN, JJ., concur.