Jennings v. State

District Court of Appeal of Florida

Jennings v. State

944 So. 2d 1036, 2006 Fla. App. LEXIS 11600, 2006 WL 1896610

Procedural entryThis page is a short order in Jennings v. State. Read the opinion of the Court — 920 So. 2d 32 →

District Court of Appeal of Florida·Decided July 12, 2006·No. No. 4D05-1740·Published

Opinion

PER CURIAM.

The trial court revoked appellant’s probation finding that appellant committed a theft of a firearm, possession of a firearm, escaping the probation office, and disguising his identity. We conclude that the court erred in finding that appellant had disguised his identity, because there was no evidence other than hearsay that the appellant had given a false name while being arrested. We accordingly reverse the violation on that ground. Because we affirm the remaining violations, which were more serious, there is no need to remand for reconsideration by the trial court.

Affirmed in part and reversed in part.

WARNER, KLEIN and GROSS, JJ., concur.

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PER CURIAM.

The trial court revoked appellant’s probation finding that appellant committed a theft of a firearm, possession of a firearm, escaping the probation office, and disguising his identity. We conclude that the court erred in finding that appellant had disguised his identity, because there was no evidence other than hearsay that the appellant had given a false name while being arrested. We accordingly reverse the violation on that ground. Because we affirm the remaining violations, which were more serious, there is no need to remand for reconsideration by the trial court.

Affirmed in part and reversed in part.

WARNER, KLEIN and GROSS, JJ., concur.

Jennings v. State, 944 So. 2d 1036, 2006 Fla. App. LEXIS 11600, 2006 WL 1896610 (Fla. Ct. App. 2006).

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