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Pitts v. State

District Court of Appeal of Florida, Third District
Aug 7, 1984
454 So. 2d 1066 (Fla. Dist. Ct. App. 1984)

Opinion

No. 84-1618.

August 7, 1984.

Appeal under Fla.R.App.P. 9.140(g) from Circuit Court, Dade County; Thomas E. Scott, Judge.

Jethro Pitts, in pro. per.

Jim Smith, Atty. Gen., for appellee.

Before HUBBART, FERGUSON and JORGENSON, JJ.


Affirmed.


This appeal is brought from a summary denial of a motion for post-conviction relief. Appellant's eighteen-month probation was revoked for an alleged violation of one of its terms. It appears from the sparse record presented that appellant violated a special condition which required him to "continue cooperating with police officers." He contends that there was no agreement to that vague term and further that his initials were illegally placed beside that condition on the probation order by an agent of the state.

This case is similar to several others of recent months which we have reversed and remanded to the trial court for the purpose of conducting an evidentiary hearing, or for the purpose of attaching portions of the record which show conclusively that the appellant is entitled to no relief. See, e.g., Gonzalez v. State, 451 So.2d 1041 (Fla. 3d DCA 1984); Walker v. State, 432 So.2d 727 (Fla. 3d DCA 1983). I would, accordingly, reverse and remand for further proceedings.


Summaries of

Pitts v. State

District Court of Appeal of Florida, Third District
Aug 7, 1984
454 So. 2d 1066 (Fla. Dist. Ct. App. 1984)
Case details for

Pitts v. State

Case Details

Full title:JETHRO PITTS, A/K/A JOE PITTS, A/K/A MELVIN PITTS, A/K/A JETHRO MILLS…

Court:District Court of Appeal of Florida, Third District

Date published: Aug 7, 1984

Citations

454 So. 2d 1066 (Fla. Dist. Ct. App. 1984)