Sutton v. State

Rufus SUTTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided July 19, 1977.

Rehearing Denied August 26, 1977.

District Court of Appeal of Florida · decided 1977-07-19

Relies on Barber v. State

Decided 1977-07-19

¶1Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

¶2Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

¶3Before HENDRY, C.J., and PEARSON and BARKDULL, JJ.

¶4PER CURIAM.

¶5The defendant Rufus Sutton appeals an order revoking probation. The record shows that the probation was revoked for the violation of a condition which was not included in the order placing defendant on probation. Therefore, the order must be reversed and the cause remanded with directions to reinstate defendant's probation. See Barber v. State, 344 So.2d 913 (Fla. 3d DCA 1977).

¶6Reversed and remanded with directions.