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Tomlin v. State

District Court of Appeal of Florida, First District
Oct 20, 1993
625 So. 2d 137 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-2399.

October 20, 1993.

An Appeal from the Circuit Court for Duval County; L.P. Haddock, Judge.

Nancy A. Daniels, Public Defender, Carl S. McGinnes, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., James W. Rogers, Asst. Atty. Gen., for appellee.


Appellant seeks review of a judgment which revoked his probation and sentenced him to 17 years in the custody of the Department of Corrections. The written order of revocation signed and filed on May 7, 1992, does not on its face state which condition of probation has been violated. The trial court, however, did make specific oral findings that are supported by the record. Accordingly, the order of revocation is modified to provide that appellant violated his probation by violating condition 5 of his probation, which requires that he will live and remain at liberty without violating any law. Appellant violated this condition by shooting one Debra Jones on December 2, 1990.

AFFIRMED as modified.

BOOTH, MINER and KAHN, JJ., concur.


Summaries of

Tomlin v. State

District Court of Appeal of Florida, First District
Oct 20, 1993
625 So. 2d 137 (Fla. Dist. Ct. App. 1993)
Case details for

Tomlin v. State

Case Details

Full title:JIMMY LEE TOMLIN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Oct 20, 1993

Citations

625 So. 2d 137 (Fla. Dist. Ct. App. 1993)