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Colon v. State

District Court of Appeal of Florida, Second District
Apr 13, 2005
898 So. 2d 1203 (Fla. Dist. Ct. App. 2005)

Opinion

No. 2D04-1807.

April 13, 2005.

Appeal from the Circuit Court for Hillsborough County; J. Rogers Padgett, Judge.

James Marion Moorman, Public Defender, and Denise O. Simpson, Special Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Tiffany Gatesh Fearing, Assistant Attorney General, Tampa, for Appellee.


Jose Colon seeks review of the trial court's order finding him in violation of his probation and the resulting judgment and sentence. We affirm the revocation of probation based on a violation of condition five for violating the law by committing a lewd and lascivious battery but remand with directions that the court delete the remaining grounds from the revocation order because there was no evidence to support these additional grounds. See Hobbs v. State, 378 So.2d 321, 322 (Fla. 2d DCA 1980); Isom v. State, 387 So.2d 529, 530 (Fla. 3d DCA 1980).

DAVIS and KELLY, JJ., Concur.


Summaries of

Colon v. State

District Court of Appeal of Florida, Second District
Apr 13, 2005
898 So. 2d 1203 (Fla. Dist. Ct. App. 2005)
Case details for

Colon v. State

Case Details

Full title:Jose COLON, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Apr 13, 2005

Citations

898 So. 2d 1203 (Fla. Dist. Ct. App. 2005)