Esbenshade v. State

Full title: DONALD LEE ESBENSHADE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Sep 17, 1986

494 So. 2d 274 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-2838.

September 17, 1986.

Appeal from the Circuit Court, for Pinellas County; John T. Ware, III, Judge.

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Ann Garrison Paschall, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Defendant appeals the order revoking his probation.

There was sufficient evidence to justify the revocation of probation, and the trial court's oral pronouncements to that effect were not erroneous. However, the order erroneously fails to recite the conditions of probation which were violated. See Meyer v. State, 445 So.2d 1149 (Fla. 2d DCA 1984); Dunlap v. State, 405 So.2d 796 (Fla. 2d DCA 1981).

Accordingly, we remand for correction of the order but otherwise affirm.

RYDER, A.C.J., and CAMPBELL and LEHAN, JJ., concur.