¶1Appellant challenges the revocation of his probation. We AFFIRM the revocation based on two violations of Condition (5). At the revocation' hearing, the State presented no evidence regarding the third alleged violation of Condition (5), committing the offense of neglect of a child without great bodily harm. Accordingly, we REMAND with directions to strike that portion of the order finding this third violation. See, e.g., Sherwood v. State, 933 So.2d 43, 44-45 (Fla. 2d DCA 2006); Davis v. State, 478 So.2d 112, 113 (Fla. 2d DCA 1985).
975 So. 2d 587
McAroy v. State
District Court of Appeal of Florida
Decided February 28, 2008
District Court of Appeal of Florida · decided 2008-02-28
Relies on 478 So. 2d 112 - Davis v. State · 933 So. 2d 43 - Sherwood v. State
Decided 2008-02-28