Brewster v. State, 77-508
| Decision Date | 16 December 1977 |
| Docket Number | No. 77-508,77-508 |
| Citation | 352 So.2d 1267 |
| Parties | Joe Nathan BREWSTER, Appellant, v. STATE of Florida, Appellee, |
| Court | Florida District Court of Appeals |
Appeal from Circuit Court, Hillsborough County; Harry Lee Coe, III, judge.
Jack O. Johnson, Public Defender, Bartow, and Wayne Chalu, Asst. Public Defender, Tampa, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.
Appellant's probation supervisor filed an affidavit charging appellant with violating conditions (a) and (h) of his probation. At the hearing on the affidavit, the trial court found that appellant had violated condition (a) of his probation and revoked the probation. We affirm that revocation, but we agree with appellant that there are imperfections in the order revoking probation and in the subsequent sentence.
In the first place, owing to an apparent clerical error, the order revoking probation recites that appellant violated not only condition (a) but also condition (h). Since at the hearing the court only found that appellant had violated condition (a), it should now remove any reference to condition (h) from its order.
The present sentence fails to specify the amount of credit time as Section 921.161(1), Florida Statutes (1975) requires. Brooks v. State, 349 So.2d 794 (Fla. 2d DCA 1977). Moreover, the phrase "at hard labor" in the sentence is improper. Brooks v. State, supra.
We remand the case for the court to make the corrections which this opinion mandates. Appellant need not be present at that time.
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Clemons v. State, 80-606
...by removing any reference to violations of conditions 2 and 9. Brouilett v. State, 373 So.2d 449 (Fla. 2d DCA 1979); Brewster v. State, 352 So.2d 1267 (Fla. 2d DCA 1977). The only evidence introduced covering appellant's alleged violation of condition 3 (termination of employment without pe......
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Rusu v. State, 78-2127
...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., ...
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Sims v. State, s. 77-1833 and 77-1834
...not hear evidence concerning a violation of condition (4) it should now remove any reference to that condition. See Brewster v. State, 352 So.2d 1267 (Fla.2d DCA 1977). Accordingly, we remand the case for correction of the revocation orders as expressed in this opinion. Appellant need not b......