¶1We affirm the trial court’s order revoking Roger Leon Marshall’s probation. We note, however, that the Order of Revocation incorporates the amended Affidavit of Violation of Probation as a basis for the revocation. We strike this incorporation to the extent that it is based on the two aggravated battery charges referred to in the affidavit, which were withdrawn by the state. See Secure v. State, 432 So.2d 630 (Fla. 3rd DCA 1983) (part of order revoking probation based upon finding that defendant was guilty of certain violations of probation which were neither relied upon or proved by the state was improper).
644 So. 2d 171
Marshall v. State
District Court of Appeal of Florida
Decided October 26, 1994
District Court of Appeal of Florida · decided 1994-10-26
Cited by 2 later decisions — most recently March 2004
2 state decisions
Relies on 432 So. 2d 630 - Secure v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1994-10-26
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