Slater v. State

District Court of Appeal of Florida

Slater v. State

541 So. 2d 178, 14 Fla. L. Weekly 936, 1989 Fla. App. LEXIS 1923, 1989 WL 34503

CourtDistrict Court of Appeal of Florida

DecidedApril 13, 1989

DocketNo. 88-911

StatusPublished

Cited by1 cases

This text of 541 So. 2d 178 (Slater 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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Slater v. State, 541 So. 2d 178, 14 Fla. L. Weekly 936, 1989 Fla. App. LEXIS 1923, 1989 WL 34503 (Fla. Ct. App. 1989).

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Opinion

SHARP, Chief Judge.

This is an appeal from an order revoking appellant’s probation. We affirm the lower court’s finding that conditions 6 (violation of any state law), 8 (possession of a firearm) and 9 (possession of marijuana) had been violated. However, we amend the order to delete the finding that conditions 1, 13 and 16 were violated. As to condition 1 (failure to timely file a written report), the lower court’s written order did not conform to its oral pronouncement. Towson v. State, 382 So.2d 870 (Fla. 5th DCA 1980). As to conditions 13 (payment of fees) and 16 (performance of community service), no evidence was adduced at the revocation hearing to support the charges. Jackson v. State, 449 So.2d 309 (Fla. 5th DCA 1984).

AFFIRMED as modified.

DANIEL and GOSHORN, JJ., concur.

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SHARP, Chief Judge.

This is an appeal from an order revoking appellant’s probation. We affirm the lower court’s finding that conditions 6 (violation of any state law), 8 (possession of a firearm) and 9 (possession of marijuana) had been violated. However, we amend the order to delete the finding that conditions 1, 13 and 16 were violated. As to condition 1 (failure to timely file a written report), the lower court’s written order did not conform to its oral pronouncement. Towson v. State, 382 So.2d 870 (Fla. 5th DCA 1980). As to conditions 13 (payment of fees) and 16 (performance of community service), no evidence was adduced at the revocation hearing to support the charges. Jackson v. State, 449 So.2d 309 (Fla. 5th DCA 1984).

AFFIRMED as modified.

DANIEL and GOSHORN, JJ., concur.

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541 So. 2d 178, 14 Fla. L. Weekly 936, 1989 Fla. App. LEXIS 1923, 1989 WL 34503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slater-v-state-fladistctapp-1989.

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