Florida District Courts of Appeal, 2000

Milbry v. State

Florida District Courts of Appeal · Decided September 8, 2000 · Altenbernd, Danahy, Paul, Whatley

768 So. 2d 524; 2000 Fla. App. LEXIS 11431; 2000 WL 1269289 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Barlow v. State (Fla. Dist. Ct. App. 2001)

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.

We affirm the sentence imposed on violation of community control. The trial court failed to prepare an order on the violations of probation. Thus, we reverse the trial court to the extent that it must prepare a written order on the violations on remand. Because the State failed to prove a violation of condition 3, just as it had failed to prove that condition in a previous appeal, Milbry v. State, 722 So.2d 834 (Fla. 2d DCA 1998), the order on remand should reflect a violation of only condition 12.

Affirmed in part, reversed in part, and remanded.

ALTENBERND, A.C.J., and WHATLEY, J., and DANAHY, PAUL W„ (Senior) Judge, Concur.

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