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Brown v. State

District Court of Appeal of Florida, Third District
Nov 22, 1988
533 So. 2d 934 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-2540.

November 22, 1988.

An Appeal from the Circuit Court for Dade County; Mario P. Goderich, Judge.

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Julie S. Thornton, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and FERGUSON, JJ.


The defendant contends, the State concedes, and we agree, that findings set forth in Paragraphs 2 and 5 of the Order of Revocation of Probation must be stricken from the Order because the trial court made no such findings at the conclusion of the revocation hearing, and no evidence was adduced to support such findings. See Higgs v. State, 470 So.2d 75 (Fla. 3d DCA 1985); Robinson v. State, 468 So.2d 1106 (Fla. 2d DCA 1985); Delgado v. State, 423 So.2d 603 (Fla. 3d DCA 1982).

Remanded with directions to amend the Order of Revocation of Probation by striking Paragraphs 2 and 5 of the findings.


Summaries of

Brown v. State

District Court of Appeal of Florida, Third District
Nov 22, 1988
533 So. 2d 934 (Fla. Dist. Ct. App. 1988)
Case details for

Brown v. State

Case Details

Full title:OTIS BROWN, JR., A/K/A OTIS LAMAR BROWN, APPELLANT, v. THE STATE OF…

Court:District Court of Appeal of Florida, Third District

Date published: Nov 22, 1988

Citations

533 So. 2d 934 (Fla. Dist. Ct. App. 1988)