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Nelson v. State

District Court of Appeal of Florida, Fourth District
Mar 27, 1996
670 So. 2d 193 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-2157.

March 27, 1996.

Appeal from the Circuit Court of the Nineteenth Judicial Circuit, Martin County; John E. Fennelly, Judge.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and William A. Spilhas, Assistant Attorney General, West Palm Beach, for appellee.


This is an appeal of an order revoking appellant's probation. The trial court's written order did not specify the condition of probation appellant violated. We remand to the trial court with directions to enter a written order consistent with its oral pronouncement that appellant violated probation by changing his residence without permission. See Donley v. State, 557 So.2d 943 (Fla. 2nd DCA 1990); Smothers v. State, 582 So.2d 182 (Fla. 4th DCA 1991); Hood v. State, 642 So.2d 665 (Fla. 1st DCA 1994). We affirm in all other respects.

GUNTHER, C.J., and GROSS, J., concur.

STONE, J., dissents in part with opinion.


I would additionally reverse as to the trial court's revoking Appellant's probation. In my judgment, the evidence in this case that Appellant moved his residence without notifying his probation officer was insufficient to support revocation.


Summaries of

Nelson v. State

District Court of Appeal of Florida, Fourth District
Mar 27, 1996
670 So. 2d 193 (Fla. Dist. Ct. App. 1996)
Case details for

Nelson v. State

Case Details

Full title:ROBERT L. NELSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 27, 1996

Citations

670 So. 2d 193 (Fla. Dist. Ct. App. 1996)

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