¶1We affirm the revocation of appellant’s probation as supported by the evidence. However, we remand to the trial court with directions to strike from the revocation order that portion finding that appellant committed the technical violations alleged under Counts I and II of the affidavit of violation of probation, which allegations were neither considered nor proven at the hearing. See Cepero v. State, 513 So.2d 735 (Fla. 3d DCA 1987); Underwood v. State, 455 So.2d 1133 (Fla. 2d DCA 1984).
677 So. 2d 416
Pope v. State
District Court of Appeal of Florida
Decided August 6, 1996
District Court of Appeal of Florida · decided 1996-08-06
Relies on 455 So. 2d 1133 - Underwood v. State · 513 So. 2d 735 - Cepero v. State
Decided 1996-08-06