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Delore v. State

District Court of Appeal of Florida, Fifth District
Oct 9, 2009
19 So. 3d 442 (Fla. Dist. Ct. App. 2009)

Opinion

No. 5D08-4173.

October 9, 2009.

Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.

James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Carlos A. Ivanor, Jr., Assistant Attorney General, Daytona Beach, for Appellee.


We affirm the conviction for violation of probation based upon the condition 5 violation. However, as the State concedes, the Order of Revocation of Probation finds violations of other conditions for which no evidence was offered. We therefore remand this cause with instructions that the trial court strike all references to violations other than condition 5. Appellant need not be present.

AFFIRMED AND REMANDED.

PALMER, TORPY and EVANDER, JJ., concur.


Summaries of

Delore v. State

District Court of Appeal of Florida, Fifth District
Oct 9, 2009
19 So. 3d 442 (Fla. Dist. Ct. App. 2009)
Case details for

Delore v. State

Case Details

Full title:David Allen DELORE, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Oct 9, 2009

Citations

19 So. 3d 442 (Fla. Dist. Ct. App. 2009)