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Chaplin v. State

District Court of Appeal of Florida, First District
Jan 29, 1987
501 So. 2d 728 (Fla. Dist. Ct. App. 1987)

Opinion

No. BM-323.

January 29, 1987.

An appeal from the Circuit Court of Duval County; L.P. Haddock, Judge.

Michael E. Allen, Public Defender, Ann Cocheu, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., Barbara Ann Butler, Asst. Atty. Gen., Tallahassee, for appellee.


Chaplin appeals from an order revoking his probation. In the affidavit which initiated the revocation proceeding, seven violations of Chaplin's conditions of probation were alleged. At the conclusion of the revocation hearing, the trial court orally found that Chaplin was guilty of three of the violations. We find that there is sufficient evidence to support such finding and that such violations justified revocation of probation.

We therefore AFFIRM but REMAND with instructions that the trial court amend the revocation order by including therein the particular violations for which the court found Chaplin guilty. See Meyer v. State, 445 So.2d 1149 (Fla. 2nd DCA 1984); Esbenshade v. State, 494 So.2d 274 (Fla. 2nd DCA 1986). The defendant, of course, need not be present therefor.

WENTWORTH, WIGGINTON and NIMMONS, JJ., concur.


Summaries of

Chaplin v. State

District Court of Appeal of Florida, First District
Jan 29, 1987
501 So. 2d 728 (Fla. Dist. Ct. App. 1987)
Case details for

Chaplin v. State

Case Details

Full title:JAMES CHAPLIN, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jan 29, 1987

Citations

501 So. 2d 728 (Fla. Dist. Ct. App. 1987)