Florida District Courts of Appeal, 1980

Young v. State

Young v. State
Florida District Courts of Appeal · Decided November 26, 1980 · Anstead, Glickstein, Moore
390 So. 2d 483; 1980 Fla. App. LEXIS 17718 (Southern Reporter, Second Series)

Young v. State

Dissenting Opinion

ANSTEAD, Judge,

dissenting:

I agree that the order of revocation should be affirmed. However, I also believe that another of the alleged violations, that of possession of stolen property, should be stricken, since the state conceded at the revocation hearing that proof of this charge was predicated entirely upon hearsay testimony.

Opinion of the Court

PER CURIAM.

Appellant raises three points on appeal. As to his first two points, we affirm. The third point is that the written order of revocation of probation recites a violation; namely, giving false information to a police officer, which was not considered by the trial court at the revocation hearing. The state concurs that this was error.

Accordingly, we affirm in part and reverse in part and remand to the trial court with directions that the third alleged violation be stricken from the written order of revocation of probation.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

MOORE and GLICKSTEIN, JJ., concur. ANSTEAD, J., dissents with opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.