Florida District Courts of Appeal, 1988

Gwathney v. State

Gwathney v. State
Florida District Courts of Appeal · Decided September 28, 1988 · Dell, Downey, Glickstein
531 So. 2d 253; 13 Fla. L. Weekly 2233; 1988 Fla. App. LEXIS 4276; 1988 WL 98593 (Southern Reporter, Second Series)

Gwathney v. State

Opinion of the Court

PER CURIAM.

We affirm the trial court’s revocation of probation but remand with direction to strike from the order of revocation, signed by a county judge, the three violations (I, II and V) which the circuit judge hearing this matter did not find to have occurred.

The circuit judge’s sentence of appellant was based upon the two remaining violations (III and IV). The erroneous form order was signed — after the legally correct sentencing — by a substitute judge who was fulfilling only a ministerial role.

DOWNEY, GLICKSTEIN and DELL, JJ., concur.

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