Rainey v. State

District Court of Appeal of Florida

Rainey v. State

528 So. 2d 528, 13 Fla. L. Weekly 1749, 1988 Fla. App. LEXIS 3287, 1988 WL 74791

CourtDistrict Court of Appeal of Florida

DecidedJuly 20, 1988

DocketNo. 86-3156

StatusPublished

Cited by1 cases

This text of 528 So. 2d 528 (Rainey 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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Rainey v. State, 528 So. 2d 528, 13 Fla. L. Weekly 1749, 1988 Fla. App. LEXIS 3287, 1988 WL 74791 (Fla. Ct. App. 1988).

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Opinion

PARKER, Judge.

Rainey seeks to correct error in the trial court’s order revoking his probation. We agree that it was improper to find him guilty of violating one of the conditions of probation.

An affidavit for violation of probation alleged Rainey violated conditions five, nine, and eleven of his probation. Rainey thereafter pleaded guilty to violating conditions five and eleven. The trial court’s order stated that all allegations contained in the affidavit resulted in a probation violation. It was, therefore, improper to find him guilty of violating condition number nine, and we strike that portion of the revocation order. See Reynolds v. State, 498 So.2d 607 (Fla. 2d DCA 1986). Otherwise, the trial court s revocation order is affirmed.

Affirmed.

DANAHY, A.C.J., and SCHOONOVER, J., concur.

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PARKER, Judge.

Rainey seeks to correct error in the trial court’s order revoking his probation. We agree that it was improper to find him guilty of violating one of the conditions of probation.

An affidavit for violation of probation alleged Rainey violated conditions five, nine, and eleven of his probation. Rainey thereafter pleaded guilty to violating conditions five and eleven. The trial court’s order stated that all allegations contained in the affidavit resulted in a probation violation. It was, therefore, improper to find him guilty of violating condition number nine, and we strike that portion of the revocation order. See Reynolds v. State, 498 So.2d 607 (Fla. 2d DCA 1986). Otherwise, the trial court s revocation order is affirmed.

Affirmed.

DANAHY, A.C.J., and SCHOONOVER, J., concur.

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528 So. 2d 528, 13 Fla. L. Weekly 1749, 1988 Fla. App. LEXIS 3287, 1988 WL 74791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rainey-v-state-fladistctapp-1988.

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