Florida District Courts of Appeal, 1981

Mitchem v. State

Florida District Courts of Appeal · Decided June 9, 1981 · Booth, McCord, Shivers

399 So. 2d 479; 1981 Fla. App. LEXIS 20086 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Cobb v. Cobb (Fla. Dist. Ct. App. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Defendant appeals from an order revoking his probation on the grounds that he committed three separate armed robberies. Although there is sufficient evidence to support the finding that defendant robbed Nugget Oil Store # 7 and we affirm the order of revocation on this ground, there was no evidence introduced at the violation of probation hearing to support the findings that defendant also robbed Nugget Oil Store # 11 and a Taco Rancho Restaurant. Therefore, we remand the case to the trial court with instructions to strike that portion of the order of revocation of probation finding defendant robbed Nugget Oil Store #11 and the Taco Rancho Restaurant. Otherwise, that portion of the order revoking defendant’s probation on the finding that he robbed Nugget Oil Store # 7 is affirmed.

AFFIRMED in part and REVERSED and REMANDED in part.

McCORD, BOOTH and SHIVERS, JJ., concur.

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