Milbry v. State

District Court of Appeal of Florida

Milbry v. State

768 So. 2d 524, 2000 Fla. App. LEXIS 11431, 2000 WL 1269289

CourtDistrict Court of Appeal of Florida

DecidedSeptember 8, 2000

DocketNo. 2D99-1775

StatusPublished

Cited by1 cases

This text of 768 So. 2d 524 (Milbry 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.

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Milbry v. State, 768 So. 2d 524, 2000 Fla. App. LEXIS 11431, 2000 WL 1269289 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

We affirm the sentence imposed on violation of community control. The trial court failed to prepare an order on the violations of probation. Thus, we reverse the trial court to the extent that it must prepare a written order on the violations on remand. Because the State failed to prove a violation of condition 3, just as it had failed to prove that condition in a previous appeal, Milbry v. State, 722 So.2d 834 (Fla. 2d DCA 1998), the order on remand should reflect a violation of only condition 12.

Affirmed in part, reversed in part, and remanded.

ALTENBERND, A.C.J., and WHATLEY, J., and DANAHY, PAUL W„ (Senior) Judge, Concur.

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PER CURIAM.

We affirm the sentence imposed on violation of community control. The trial court failed to prepare an order on the violations of probation. Thus, we reverse the trial court to the extent that it must prepare a written order on the violations on remand. Because the State failed to prove a violation of condition 3, just as it had failed to prove that condition in a previous appeal, Milbry v. State, 722 So.2d 834 (Fla. 2d DCA 1998), the order on remand should reflect a violation of only condition 12.

Affirmed in part, reversed in part, and remanded.

ALTENBERND, A.C.J., and WHATLEY, J., and DANAHY, PAUL W„ (Senior) Judge, Concur.

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768 So. 2d 524, 2000 Fla. App. LEXIS 11431, 2000 WL 1269289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milbry-v-state-fladistctapp-2000.

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