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Highsmith v. State

District Court of Appeal of Florida, First District
Mar 30, 1994
633 So. 2d 1203 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-2744.

March 30, 1994.

An appeal from Circuit Court of Duval County; Robert Foster, Judge.

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for appellee.


The appellant challenges a judgment and sentence entered upon an order revoking his probation. At the revocation hearing the appellant maintained that he did not willfully violate certain conditions of his probation. The court's oral pronouncement and the written order both fail to identify the specific conditions which the appellant may have violated so as to provide a basis for revocation. The order is thus deficient. See Brundage v. State, 593 So.2d 1227 (Fla. 1st DCA 1992); Brewer v. State, 583 So.2d 814 (Fla. 1st DCA 1991); Knight v. State, 566 So.2d 339 (Fla. 1st DCA 1990); but see Thomas v. State, 585 So.2d 475 (Fla. 3d DCA 1991). The challenged order is therefore reversed, and the cause is remanded for the entry of a proper written order.

BOOTH, ALLEN and WEBSTER, JJ., concur.


Summaries of

Highsmith v. State

District Court of Appeal of Florida, First District
Mar 30, 1994
633 So. 2d 1203 (Fla. Dist. Ct. App. 1994)
Case details for

Highsmith v. State

Case Details

Full title:BENJAMIN HIGHSMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Mar 30, 1994

Citations

633 So. 2d 1203 (Fla. Dist. Ct. App. 1994)

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