Scott v. State
Scott v. State
Opinion of the Court
We affirm the order revoking Mr. Scott’s community control and probation. The evidence at the hearing on violation of probation and community control permitted the trial court to find that Mr. Scott committed the following violations: (1) he failed to remain at his approved residence on September 19, 1989; (2) he committed spousal battery on February 12, 1991; and (3).he obstructed an officer on February 12, 1991. However, we strike the additional violations described in the revocation order because they were not supported by the evidence. See Williams v. State 375 So.2d 867 (Fla. 2d DCA 1979).
We also affirm Mr. Scott’s sentences imposed upon revocation of community control and probation. At the original sentencing hearing, his counsel waived a presentence investigation and stipulated to the accuracy of the scoresheet. At sentencing upon the violation of probation and community control, his counsel argued that a grand larceny charge on the scoresheet had been dismissed or was too old to be scored. Additionally, the defendant suggested that one or possibly two misdemeanors might not be properly scored. The defendant argued that the state should be obligated to prove these prior convictions
Affirmed as modified.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.