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Dabbs v. State

District Court of Appeal of Florida, Second District
Jun 25, 1997
695 So. 2d 913 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 95-02557

Opinion filed June 25, 1997.

Appeal from the Circuit Court for Hillsborough County; J. Barbara Fleischer, Judge.

James Marion Moorman, Public Defender and Frank D. L. Winstead, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.


After determining that James Dabbs had violated community control conditions imposed following his conviction for aggravated battery, the lower court revoked his community control and sentenced him to ten years' imprisonment. We have reviewed this matter in accordance with our obligation expressed in In Re Anders Briefs, 581 So.2d 149 (Fla. 1991). We affirm the revocation of Dabbs's community control as well as the sentence, but we remand for correction of the revocation order.

The order states that Dabbs violated paragraphs 1 and 2 of condition 8, and paragraphs 3, 4, and 5 of condition 12. The State concedes that the revocation order must be corrected to state that Dabbs violated only paragraph 2 of condition 8, and paragraph 5 of condition 12. Accordingly, we remand with directions to correct the revocation order by deleting the references to paragraph 1 of condition 8, and paragraphs 3 and 4 of condition 12. See Southers v. State, 547 So.2d 725 (Fla. 2d DCA 1989); Revear v. State, 497 So.2d 1337 (Fla. 2d DCA 1986).

Affirmed in part, reversed in part, and remanded with directions.

CAMPBELL, A.C.J., and PARKER, J., Concur.


Summaries of

Dabbs v. State

District Court of Appeal of Florida, Second District
Jun 25, 1997
695 So. 2d 913 (Fla. Dist. Ct. App. 1997)
Case details for

Dabbs v. State

Case Details

Full title:JAMES DABBS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 25, 1997

Citations

695 So. 2d 913 (Fla. Dist. Ct. App. 1997)