Summary
reversing and remanding to the trial court to conduct further proceedings directed at locating and considering probation affidavit where probation affidavit was not included in record on appeal, but hearing transcript indicated that affidavit existed
Summary of this case from Raimondi v. StateOpinion
No. 4D15–2531
02-15-2017
David LISHINSKY, Appellant, v. STATE of Florida, Appellee.
Richard L. Rosenbaum of Law Offices of Richard Rosenbaum, Fort Lauderdale, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Joseph D. Coronato, Jr., Assistant Attorney General, West Palm Beach, for appellee.
Richard L. Rosenbaum of Law Offices of Richard Rosenbaum, Fort Lauderdale, for appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Joseph D. Coronato, Jr., Assistant Attorney General, West Palm Beach, for appellee.
Per Curiam.
David Lishinsky appeals the trial court's order revoking his probation in Case Nos. 11–6410CF10A, 12–668CF10A and 13–10939CF10A. As the State concedes, the probation affidavit is not included in the record on appeal. However, because the transcript of the revocation hearing indicates the possible existence of the probation affidavit, we reverse and remand to the trial court to conduct further proceedings directed at locating and considering the probation affidavit. See Howard v. State , 883 So.2d 879, 880 (Fla. 4th DCA 2004).
Reversed and Remanded.
Levine, Klingensmith and Kuntz, JJ., concur.