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Jiminez v. State

District Court of Appeal of Florida, Third District
Feb 10, 1981
393 So. 2d 630 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-428.

February 10, 1981.

Appeal from Circuit Court, Dade County; Richard S. Fuller, Judge.

John Lipinski, Pollack, Komorowski, Casuso McHale, Miami, for appellant.

Jim Smith, Atty. Gen. and Anthony C. Musto, Asst. Atty. Gen., for appellee.

Before HUBBART, C.J., and PEARSON, DANIEL and FERGUSON, JJ.


The order revoking the defendant's probation under review is affirmed. Bernhardt v. State, 288 So.2d 490 (Fla. 1974); Randolph v. State, 292 So.2d 374 (Fla.3d DCA), cert. denied, 300 So.2d 900 (Fla. 1974). The cause, however, is remanded to the trial court with directions to correct the clerical errors in the order of the revocation so as to reflect, in accord with the trial court's oral ruling below, that the defendant violated his probation by possessing a firearm herein. See Roberson v. State, 358 So.2d 97 (Fla. 4th DCA 1978); Perry v. State ex rel. Mills, 357 So.2d 425 (Fla. 3d DCA 1978).

Affirmed as modified.


Summaries of

Jiminez v. State

District Court of Appeal of Florida, Third District
Feb 10, 1981
393 So. 2d 630 (Fla. Dist. Ct. App. 1981)
Case details for

Jiminez v. State

Case Details

Full title:ARSENIO JIMINEZ, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Feb 10, 1981

Citations

393 So. 2d 630 (Fla. Dist. Ct. App. 1981)