5D08-4173 David Delore v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D08-4173

Case Date: 10/05/2009

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2009

DAVID ALLEN DELORE, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed October 9, 2009 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge. James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Carlos A. Ivanor, Jr., Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D08-4173

PER CURIAM. We affirm the conviction for violation of probation based upon the condition 5 violation. However, as the State concedes, the Order of Revocation of Probation finds violations of other conditions for which no evidence was offered. We therefore remand this cause with instructions that the trial court strike all references to violations other than condition 5. Appellant need not be present. AFFIRMED AND REMANDED. PALMER, TORPY and EVANDER, JJ., concur.

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