Public-domain · open source
OpenJurist

472 So. 2d 890

472 So.2d 890

10 Fla.L.Weekly 1794

Docket No. 84-2349.

May v. State

Timothy Shane MAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1985-07-24

Cited by 12 later decisions — most recently March 1998

12 state decisions

Relies on 408 So. 2d 1091 - Leonard v. Leonard · Page v. State · 384 So. 2d 328 - Jess v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-07-24

View the full empirical analysis of this case →

¶1Richard L. Jorandby, Public Defender and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Joan Fowler Rossin, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3PER CURIAM.

¶4The record reveals that the trial court revoked the defendant's probation because he failed to file monthly reports for May, June, July and August, 1984. This finding alone will justify a revocation of probation. See Miller v. State,444 So.2d 523 (Fla. 1st DCA 1984); Aaron v. State,400 So.2d 1033 (Fla. 3d DCA), review denied,408 So.2d 1095 (Fla. 1981); Chappell v. State,429 So.2d 84 (Fla. 5th DCA 1983); Jess v. State,384 So.2d 328 (Fla. 3d DCA 1980); Page v. State,363 So.2d 621 (Fla. 1st DCA 1978).

¶5Although the record indicates that the foregoing was the sole basis for revoking the defendant's probation, the written order of revocation lists four additional grounds. Since these were not relied upon by the trial court, we strike them from the order of revocation. See Sparks v. State,453 So.2d 539 (Fla. 2d DCA 1984). And, as amended, we affirm.

¶6Affirmed.

¶7HURLEY and BARKETT, JJ., and WESSEL, JOHN D., Associate Judge, concur.

/472/so2d/890 · .json · Public domain