Ashrafi v. State
| Decision Date | 07 December 1988 |
| Docket Number | No. 87-3267,87-3267 |
| Citation | 13 Fla. L. Weekly 2646,534 So.2d 886 |
| Parties | 13 Fla. L. Weekly 2646 Seyed ASHRAFI, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Broward County; Patti Englander Henning, Judge.
Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Alfonso M. Saldana, Asst. Atty. Gen., West Palm Beach, for appellee.
Defendant appeals the revocation of his community control and sentence of three and a half years in prison for failure to re-enroll in a psychological therapy program for sex offenders. Defendant's community control officer instructed him to re-enroll in a program after he was dropped for absenteeism. Our review of the record, particularly the order of community control, shows that enrollment in such a program was not made an express condition of the community control by the trial court.
Accordingly, this matter is reversed on the authority of Morales v. State, 518 So.2d 964 (Fla. 3d DCA 1988), Hutchinson v. State, 428 So.2d 739 (Fla. 2d DCA 1983) and Holterhaus v. State, 417 So.2d 291 (Fla. 2d DCA 1982). We remand this matter to the trial court with instructions to restore defendant to his original term of community control.
REVERSED and REMANDED.
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...officer, rather than an express condition of the trial court, cannot serve as a basis for revocation of probation. Ashrafi v. State, 534 So.2d 886 (Fla. 4th DCA 1988); Morales v. State, 518 So.2d 964 (Fla. 3d DCA Although the trial court could not find a violation of probation based solely ......
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