S.C. v. State

District Court of Appeal of Florida

S.C. v. State

143 So. 3d 1053, 2014 WL 3620305, 2014 Fla. App. LEXIS 11193

CourtDistrict Court of Appeal of Florida

DecidedJuly 23, 2014

DocketNo. 3D13-1924

StatusPublished

This text of 143 So. 3d 1053 (S.C. 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

S.C. v. State, 143 So. 3d 1053, 2014 WL 3620305, 2014 Fla. App. LEXIS 11193 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

S.C. appeals from trial court orders that revoked her probation and imposed a new probation. We affirm the revocation of probation, concluding there was sufficient [1054]*1054evidence to satisfy the trial court’s finding that S.C. violated her probation.

However, the order of revocation includes a statement that S.C. tested positive for THC on February 8, 2013. The State concedes the February 8, 2018 drug test should not have been a basis for revocation because it was not addressed at the hearing. Accordingly, we remand to the trial court solely for entry of a corrected order of revocation that deletes the reference to S.C. testing positive for THC on February 8, 2013. See Johnson v. State, 667 So.2d 475 (Fla. 3d DCA 1996).

Affirmed and remanded with instructions.

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PER CURIAM.

S.C. appeals from trial court orders that revoked her probation and imposed a new probation. We affirm the revocation of probation, concluding there was sufficient [1054]*1054evidence to satisfy the trial court’s finding that S.C. violated her probation.

However, the order of revocation includes a statement that S.C. tested positive for THC on February 8, 2013. The State concedes the February 8, 2018 drug test should not have been a basis for revocation because it was not addressed at the hearing. Accordingly, we remand to the trial court solely for entry of a corrected order of revocation that deletes the reference to S.C. testing positive for THC on February 8, 2013. See Johnson v. State, 667 So.2d 475 (Fla. 3d DCA 1996).

Affirmed and remanded with instructions.

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Bluebook (online)

143 So. 3d 1053, 2014 WL 3620305, 2014 Fla. App. LEXIS 11193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sc-v-state-fladistctapp-2014.

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