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Givens v. State

District Court of Appeal of Florida, Second District
Dec 29, 1995
666 So. 2d 235 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-01004.

December 29, 1995.

Appeal from the Circuit Court for Hillsborough County; Barbara Fleischer, Judge.

Elizabeth L. Hapner of Elizabeth L. Hapner, P.A., Tampa, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Stephen D. Ake, Assistant Attorney General, Tampa, for Appellee.


Eric Keith Givens challenges the revocation of his community control for failure to successfully complete an in-patient drug treatment program. The state presented sufficient evidence to establish that the violation was willful and substantial. We affirm the revocation.

The record on appeal does not, however, contain a formal order of revocation of community control. We remand and direct the trial court to enter a written order of revocation of community control. Cornett v. State, 506 So.2d 88 (Fla. 2d DCA 1987); see also Haynes v. State, 571 So.2d 1380 (Fla. 2d DCA 1990). The appellant need not be present.

Affirmed; remanded.

PARKER and WHATLEY, JJ., concur.


Summaries of

Givens v. State

District Court of Appeal of Florida, Second District
Dec 29, 1995
666 So. 2d 235 (Fla. Dist. Ct. App. 1995)
Case details for

Givens v. State

Case Details

Full title:ERIC KEITH GIVENS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 29, 1995

Citations

666 So. 2d 235 (Fla. Dist. Ct. App. 1995)

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