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Hannah v. State

District Court of Appeal of Florida, Second District
Aug 4, 2006
934 So. 2d 665 (Fla. Dist. Ct. App. 2006)

Opinion

No. 2D05-4122.

August 4, 2006.

Appeal from the Circuit Court, Hillsborough County, Ronald N. Ficarrotta, J.

James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Anne Sheer Weiner, Assistant Attorney General, Tampa, for Appellee.


Thaddeus Hannah appeals a final order revoking his community control. We strike the court's finding that Mr. Hannah violated condition eight because the State failed to present sufficient evidence that Mr. Hannah willfully and substantially violated this condition. See Oates v. State, 872 So.2d 351 (Fla. 2d DCA 2004) (citing Hanania v. State, 855 So.2d 92, 94 (Fla. 2d DCA 2003)). However, the State proved that Mr. Hannah willfully and substantially violated conditions nine and twelve of his community control. Because we conclude the trial court would have exercised the discretion to revoke Mr. Hannah's community control based on the violations of conditions nine and twelve, we affirm the order revoking probation. On remand, the revocation order should be amended to show violations of conditions nine and twelve only.

Affirmed in part, reversed in part, and remanded.

CASANUEVA and STRINGER, JJ., Concur.


Summaries of

Hannah v. State

District Court of Appeal of Florida, Second District
Aug 4, 2006
934 So. 2d 665 (Fla. Dist. Ct. App. 2006)
Case details for

Hannah v. State

Case Details

Full title:Thaddeus HANNAH, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Aug 4, 2006

Citations

934 So. 2d 665 (Fla. Dist. Ct. App. 2006)