DocketNumber: 86-2323
Citation Numbers: 506 So. 2d 1170, 12 Fla. L. Weekly 1235
Judges: Schwartz, C.J., and Hendry and Daniel S. Pearson
Filed Date: 5/12/1987
Status: Precedential
Modified Date: 7/25/2018
District Court of Appeal of Florida, Third District.
Bennett H. Brummer, Public Defender and Harvey J. Sepler, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and HENDRY and DANIEL S. PEARSON, JJ.
PER CURIAM.
The appellant's probation was revoked on the basis of three substantial violations: failure to file the required monthly reports, commission of a grand theft and dealing in the stolen property which was the subject of the theft. There is no challenge to the first two grounds. We agree that the stolen property charge was incorrectly considered because it was not included in the affidavit of violation, see Robinson v. State, 442 So. 2d 284 (Fla. 2d DCA 1983); Pitchford v. State, 339 So. 2d 1143 (Fla. 3d DCA 1976), and therefore order it stricken from the order under review. We do not, however, remand the cause for reconsideration either of the revocation or the sentence because we are convinced that neither would be affected by the deletion of this single violation. See Scherer v. State, 366 So. 2d 840 (Fla. 2d DCA 1979); compare Aaron v. State, 400 So. 2d 1033 (Fla. 3d DCA 1981), pet. for review denied, 408 So. 2d 1095 (Fla. 1981).
Affirmed as modified.
Scherer v. State , 366 So. 2d 840 ( 1979 )
Robinson v. State , 442 So. 2d 284 ( 1983 )
Willis v. State , 727 So. 2d 952 ( 1998 )
Anthony v. Schmitt , 557 So. 2d 656 ( 1990 )
ANTHONY M DELOPA v. STATE OF FLORIDA , 251 So. 3d 934 ( 2018 )
Thomas v. State , 902 So. 2d 900 ( 2005 )
Lawson v. State , 941 So. 2d 485 ( 2006 )
Griffin v. State , 719 So. 2d 972 ( 1998 )
Amaya v. State , 2011 Fla. App. LEXIS 19382 ( 2011 )
McPherson v. State , 530 So. 2d 1095 ( 1988 )
Jenkins v. State , 2009 Fla. App. LEXIS 20403 ( 2009 )
QIP CORP. v. Berger , 547 So. 2d 1286 ( 1989 )
Smith v. State , 705 So. 2d 1033 ( 1998 )
Jones v. State , 611 So. 2d 26 ( 1992 )
Lopez v. State , 722 So. 2d 936 ( 1998 )