Opinion
Case No. 1D02-0518
Opinion filed March 7, 2003.
An appeal from the Circuit Court for Gulf County. Judge Glenn L. Hess.
Nancy A. Daniels, Public Defender and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.
Charlie Crist, Attorney General and James W. Rogers, Senior Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.
Appellant appeals an order revoking his probation. We affirm the revocation, notwithstanding a jury's acquittal of Appellant on the offense constituting the probation violation. Because differing standards are applicable, "[a]cquittal on the substantive offense is not a collateral estoppel bar to revocation of probation on the same offense." Bones v. State, 764 So.2d 888 (Fla. 4th DCA 2000), citing Russ v. State, 313 So.2d 758 (Fla. 1975). However, the trial court's order indicates it revoked Appellant's probation for possession of a firearm, and for "new law violations." The affidavits of violation of probation allege three new law violations: armed burglary of an occupied dwelling; shooting into an occupied dwelling; and trespassing and petit theft. While the record contains sufficier :vidence to support revocation for possession of a firearm, trespassing and petit theft, there is no evidence that the dwellings were occupied. Accordingly, we affirm the revocation of probation, but remand for the trial court to correct its written order to reflect which specific new law violations resulted in the revocation. See id Gamble v. State, 737 So.2d 1160 (Fla. 1St DCA 1999).
C.J. ALLEN and BENTON, J., CONCUR