Florida District Courts of Appeal, 2008

McAroy v. State

McAroy v. State
Florida District Courts of Appeal · Decided February 28, 2008 · Allen, Davis, Kahn
975 So. 2d 587; 2008 Fla. App. LEXIS 2575; 2008 WL 515005 (Southern Reporter, Second Series)

McAroy v. State

Opinion of the Court

PER CURIAM.

Appellant challenges the revocation of his probation. We AFFIRM the revocation based on two violations of Condition (5). At the revocation' hearing, the State presented no evidence regarding the third alleged violation of Condition (5), committing the offense of neglect of a child without great bodily harm. Accordingly, we REMAND with directions to strike that portion of the order finding this third violation. See, e.g., Sherwood v. State, 933 So.2d 43, 44-45 (Fla. 2d DCA 2006); Davis v. State, 478 So.2d 112, 113 (Fla. 2d DCA 1985).

ALLEN, KAHN, and DAVIS, JJ., concur.

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