James v. State, 84-34
Citation | 452 So.2d 1048 |
Decision Date | 06 July 1984 |
Docket Number | No. 84-34,84-34 |
Parties | Freddie J. JAMES, Appellant, v. STATE of Florida, Appellee. |
Court | Court of Appeal of Florida (US) |
Jerry Hill, Public Defender, Bartow, and Robert F. Moeller, Asst. Public Defender, Tampa, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.
We affirm the revocation of appellant's probation and the imposition of judgment and sentence on the underlying offense of unemployment compensation fraud. We agree, however, with appellant's assertion that the evidence presented at his revocation hearing was insufficient to support the trial court's finding that he violated his probation by possessing burglary tools. See Preston v. State, 373 So.2d 451 (Fla. 2d DCA 1979) ( ) Accord Frame v. State, 388 So.2d 1381 (Fla. 2d DCA 1980) ( ). The record before us contains no evidence that appellant used the bolt cutters in his possession for any unlawful purpose.
We reject appellant's contention that the evidence was insufficient to support a finding of violation for loitering and prowling. Conversely, we deem the evidence sufficient to have satisfied the trial court's conscience that appellant committed the violation charged. See Brill v. State, 159 Fla. 682, 32 So.2d 607 (1947); Brown v. State, 429 So.2d 821 (Fla. 2d DCA 1983) ( ).
Accordingly, we strike that part of the order of revocation finding that appellant violated his probation by possessing burglary tools. We affirm the judgment and sentence in all other respects.
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