Powell v. State

District Court of Appeal of Florida

Powell v. State

368 So. 2d 410, 1979 Fla. App. LEXIS 14195

CourtDistrict Court of Appeal of Florida

DecidedMarch 2, 1979

DocketNo. 78-1654

StatusPublished

This text of 368 So. 2d 410 (Powell 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

Powell v. State, 368 So. 2d 410, 1979 Fla. App. LEXIS 14195 (Fla. Ct. App. 1979).

Pincite

Opinion

OTT, Acting Chief Judge.

Appellant’s probation supervisor filed an affidavit charging appellant with violating his probation by his conviction for operating a motor vehicle without a valid driver’s license, by committing battery on his wife, and by being in an inebriated condition. At the hearing on the affidavit appellant admitted the conviction. The trial court struck the intoxication charge, and the state offered no evidence on the battery charge. The trial court announced that appellant had violated probation by driving without a license and revoked the probation. The written order, however, found appellant guilty of all three violations. We affirm the revocation, but we remand the case for correction of the revocation order.

Since at the hearing, the court only found that appellant violated one of the conditions, it should now remove any reference to the other two violations. Appellant need not be present for this purpose.

RYDER and DANAHY, JJ., concur.

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

OTT, Acting Chief Judge.

Appellant’s probation supervisor filed an affidavit charging appellant with violating his probation by his conviction for operating a motor vehicle without a valid driver’s license, by committing battery on his wife, and by being in an inebriated condition. At the hearing on the affidavit appellant admitted the conviction. The trial court struck the intoxication charge, and the state offered no evidence on the battery charge. The trial court announced that appellant had violated probation by driving without a license and revoked the probation. The written order, however, found appellant guilty of all three violations. We affirm the revocation, but we remand the case for correction of the revocation order.

Since at the hearing, the court only found that appellant violated one of the conditions, it should now remove any reference to the other two violations. Appellant need not be present for this purpose.

RYDER and DANAHY, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

368 So. 2d 410, 1979 Fla. App. LEXIS 14195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powell-v-state-fladistctapp-1979.