Hicks v. State

District Court of Appeal of Florida

Hicks v. State

367 So. 2d 726, 1979 Fla. App. LEXIS 14117

CourtDistrict Court of Appeal of Florida

DecidedFebruary 21, 1979

DocketNo. 77-546

StatusPublished

Cited by3 cases

This text of 367 So. 2d 726 (Hicks v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hicks v. State, 367 So. 2d 726, 1979 Fla. App. LEXIS 14117 (Fla. Ct. App. 1979).

Pincite

Opinion

LETTS, Judge.

In a violation of probation proceeding the required affidavit setting forth the violation named only one count. Apparently not noticing this clerical oversight, the Judge revoked the probation as to a second count for an identical offense. The Public Defender appeals this latter revocation.¹ We reverse in part.

We are tempted to label this harmless error, but as the State itself admits in its brief:

This fact arguably would not excuse the State for apparently not following a necessary procedure. Certainly, this Court should affirm the sentence as to Count I and ... a vacation of the sentence as to Count II should be done without prejudice so that the State may properly file a new affidavit.

So be it. The sentence as to Count II is hereby set aside without prejudice to the State to properly re-file its affidavit as to Count II.

REVERSED IN PART IN ACCORDANCE HEREWITH.

DOWNEY, C. J., and MOORE, J., concur.

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