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107 So. 3d 1224

Moses v. State

District Court of Appeal of Florida

Decided February 22, 2013

District Court of Appeal of Florida · decided 2013-02-22

Cited by 1 later decisions — most recently June 2016

1 state decisions

Relies on 969 So. 2d 222 - Lawson v. State · Lawson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2013-02-22

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PER CURIAM.

¶1The State properly concedes that the trial court erred in finding that Appellant violated Conditions 2 and 15 of his probation. However, there was competent substantial evidence to support the trial court’s determination that Appellant willfully violated Condition 5 by committing a new crime. Our review of the record convinces us that based only on the finding that Appellant had willfully violated Condition 5, the trial court would have revoked Appellant’s probation and imposed the same sentence. Accordingly, remand for reconsideration of the order revoking probation or the sentence is not necessary. Lawson v. State, 941 So.2d 485, 488 n. 2 (Fla. 5th DCA 2006), approved, 969 So.2d 222 (Fla.2007).

¶2AFFIRMED; Findings as to Conditions 2 and 15 STRICKEN.

ORFINGER, C.J., SAWAYA and EVANDER, JJ., concur.
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