Lishinsky v. State

District Court of Appeal of Florida

Lishinsky v. State

219 So. 3d 89, 2017 WL 626659, 2017 Fla. App. LEXIS 2057

District Court of Appeal of Florida·Decided February 15, 2017·No. No. 4D15-2531·Published·Cited by 1 cases

Opinion

Per Curiam.

David Lishinsky appeals the trial court’s order revoking his probation in Case Nos. 11-6410CF1QA, 12-668CF10A and 13-10939CF10A. As the State concedes, the probation affidavit is not included in the record on appeal. However, because the transcript of the revocation hearing indicates the possible existence of the probation affidavit, we reverse and remand to the trial court to conduct further proceedings directed at locating and considering the probation affidavit. See Howard v. State, 883 So.2d 879, 880 (Fla. 4th DCA 2004).

Reversed and Remanded.

Levine, Klingensmith and Kuntz, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

David Lishinsky appeals the trial court’s order revoking his probation in Case Nos. 11-6410CF1QA, 12-668CF10A and 13-10939CF10A. As the State concedes, the probation affidavit is not included in the record on appeal. However, because the transcript of the revocation hearing indicates the possible existence of the probation affidavit, we reverse and remand to the trial court to conduct further proceedings directed at locating and considering the probation affidavit. See Howard v. State, 883 So.2d 879, 880 (Fla. 4th DCA 2004).

Reversed and Remanded.

Levine, Klingensmith and Kuntz, JJ., concur.

Lishinsky v. State, 219 So. 3d 89, 2017 WL 626659, 2017 Fla. App. LEXIS 2057 (Fla. Ct. App. 2017).

Pincite

219 So. 3d 89 (Lishinsky v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related