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Rusu v. State

District Court of Appeal of Florida, Second District
Apr 25, 1979
370 So. 2d 79 (Fla. Dist. Ct. App. 1979)

Opinion

No. 78-2127.

April 25, 1979.

Appeal from Circuit Court, Hillsborough County; J.C. Cheatwood, Judge.

Jack O. Johnson, Public Defender, Bartow, and William Murphy, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


Appellant's probation supervisor filed an affidavit charging appellant with violating conditions (e) and (h) of his probation. At the hearing on the affidavit, the trial court found that appellant had violated condition (h) and revoked probation. We affirm that revocation, but we remand the case for correction of the written revocation order.

Owing to an apparent clerical error, the order recites that appellant violated not only condition (h) but also condition (e). Since at the hearing the court only found that appellant had violated condition (h), it should now remove any reference to condition (e) from its order. Brewster v. State, 352 So.2d 1267 (Fla.2d DCA 1977).

GRIMES, C.J., and HOBSON and SCHEB, JJ., concur.


Summaries of

Rusu v. State

District Court of Appeal of Florida, Second District
Apr 25, 1979
370 So. 2d 79 (Fla. Dist. Ct. App. 1979)
Case details for

Rusu v. State

Case Details

Full title:MICHAEL H. RUSU, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 25, 1979

Citations

370 So. 2d 79 (Fla. Dist. Ct. App. 1979)

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