Schlup v. State
Schlup v. State
Opinion of the Court
The appellant, who pled nolo con-tendere to the charge of burglary of an occupied dwelling with the intent to commit a battery therein, seeks reversal of an order revoking his probation, asserting
Because the written revocation order, which stated that the appellant had violated all three of the conditions alleged in the affidavit, is not consistent with the trial judge’s explicit finding that he did not violate the condition that he meet his monetary obligations, the order is REVERSED and the case is REMANDED to the trial court for entry of an amended order. We point out that the record would support a finding that the appellant violated the condition that he “live without violating the law,” and that the amended order may properly base revocation of his probation upon such a finding.
. See Eddie v. State, 740 So.2d 583 (Fla. 1st DCA 1999); Talley v. State, 708 So.2d 333 (Fla. 4th DCA 1998); Waldon v. State, 670 So.2d 1155 (Fla. 4th DCA 1996); Kiess v. State, 642 So.2d 1141 (Fla. 4th DCA 1994); Hutchinson v. State, 428 So.2d 739 (Fla. 2d DCA 1983); Haynes v. State, 440 So.2d 661 (Fla. 1st DCA 1983).
. While on probation, appellant had been arrested for misdemeanor battery, based upon his allegedly having struck the victim’s new boyfriend on the head with a stick or bat. He admitted the allegation, but asserted that the other man had instigated the fight.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.