Opinion
No. 97-4551.
October 21, 1998.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward A. Garrison, Judge; L.T. Case No. 96-6383 CF.
Richard L. Jorandby, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Rochelle L. Kirdy, Assistant Attorney General, West Palm Beach, for appellee.
We affirm appellant's revocation of probation on the ground of battering a police officer and resisting arrest without violence. Although the trial court recognized at the hearing that he could not revoke on the other alleged violation, because it was based solely on hearsay evidence, the written order indicates revocation on that ground as well. We therefore affirm but remand for the striking of paragraph two of the order revoking probation.
GUNTHER, FARMER and KLEIN, JJ., concur.