Opinion
No. 79-2043.
November 26, 1980.
Appeal from Circuit Court, Broward County; Mel Grossman, Judge.
Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee.
Appellant raises three points on appeal. As to his first two points, we affirm. The third point is that the written order of revocation of probation recites a violation; namely, giving false information to a police officer, which was not considered by the trial court at the revocation hearing. The state concurs that this was error.
Accordingly, we affirm in part and reverse in part and remand to the trial court with directions that the third alleged violation be stricken from the written order of revocation of probation.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
MOORE and GLICKSTEIN, JJ., concur.
ANSTEAD, J., dissents with opinion.
I agree that the order of revocation should be affirmed. However, I also believe that another of the alleged violations, that of possession of stolen property, should be stricken, since the state conceded at the revocation hearing that proof of this charge was predicated entirely upon hearsay testimony.