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765 So. 2d 259

Docket No. 1D99-2369.

LeMaster v. State

Bryan LeMASTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided August 14, 2000.

District Court of Appeal of Florida · decided 2000-08-14

Cited by 4 later decisions — most recently May 2009

4 state decisions

Relies on 587 So. 2d 487 - Gavins v. State · Burnette v. Grove Isle Club, Inc. · 468 So. 2d 439 - Brown v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2000-08-14

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¶1*260 Nancy A. Daniels, Public Defender, and Jamie Spivey, Assistant Public Defender, Tallahassee, Attorneys for Appellant.

¶2Robert A. Butterworth, Attorney General, and Karla D. Ellis, Assistant Attorney General, Tallahassee, Attorneys for Appellee.

¶3PER CURIAM.

¶4This appeal arises from an order revoking Appellant's community control and imposing a prison sentence. Revocation based upon condition 9a was improper because the affidavits of violation of community control did not charge Appellant with violating this condition. See Brown v. State,468 So.2d 439, 440-41 (Fla. 2d DCA 1985).

¶5It is unclear from the record whether the trial court would have revoked Appellant's community control based solely upon Appellant's failure to remain confined to his approved residence on two separate occasions. Therefore, we reverse and remand for the trial court's consideration of the issue. See Whittington v. State,688 So.2d 1035, 1036 (Fla. 1st DCA 1997) (citing Gavins v. State,587 So.2d 487 (Fla. 1st DCA 1991)); Cobham v. State,736 So.2d 67 (Fla. 4th DCA 1999) (citing Thompson v. State,710 So.2d 80 (Fla. 4th DCA 1998)).

¶6REVERSED and REMANDED.

¶7BOOTH, MINER and VAN NORTWICK, JJ., CONCUR.

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