Nolen v. State
Nolen v. State
Opinion of the Court
In this Anders appeal, the pro se appellant makes several arguments challenging the revocation of his probation, only one of which has any merit.
Although appellant asserts correctly that the affidavit of violation of probation incorrectly stated that appellant solicited to deliver cocaine, rather than purchase cocaine, as the trial testimony tended to show, we are not persuaded that this fact rendered the revocation improper. The offense here was alleged, albeit improperly. In such a ease, failure to raise the imperfect allegation at trial results in waiver on appeal. Brewer v. State, 413 So.2d 1217 (Fla. 5th DCA 1982), rev. denied, 426 So.2d 25 (Fla. 1983). Appellant’s failure to raise this issue below has resulted in waiver.
Appellant’s second point is well taken, however. He maintains that the court erred in failing to enter a written order specifying
Probation revocation affirmed; remanded for proceedings consistent with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.