04-0078 ORTIZ V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 04-0078 ORTIZ V. STATE

Case Date: 12/15/2004

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2004

EVER NAHON ORTIZ, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D04-78 LOWER TRIBUNAL NO. F03-9979

Opinion filed December 15, 2004. An Appeal from the Circuit Court for Miami-Dade County, Richard V. Margolis, Judge. Bennett H. Brummer, Public Defender, and Valerie Jonas, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, and Lucretia A. Pitts, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and LEVY and SHEPHERD, JJ.

PER CURIAM.

We

affirm

the

trial

court's to

Order

revoking

Defendant's that

probation.

Moreover,

contrary

Appellant's

suggestion

probation was not violated where he submitted to TASC evaluation despite the admission that he was discharged from the program for missing two consecutive appointments, we hold that when a court Orders anyone to submit to a program, it is inherent within the Order that the Defendant "successfully complete" the program. Appellant's remaining points are without merit and/or moot in light of our holding.

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