Florida District Courts of Appeal, 2017

Lishinsky v. State

Lishinsky v. State
Florida District Courts of Appeal · Decided February 15, 2017 · Klingensmith, Kuntz, Levine
219 So. 3d 89; 2017 WL 626659; 2017 Fla. App. LEXIS 2057 (Southern Reporter, Third Series)

Lishinsky v. State

Opinion of the Court

Per Curiam.

David Lishinsky appeals the trial court’s order revoking his probation in Case Nos. 11-6410CF1QA, 12-668CF10A and 13-10939CF10A. As the State concedes, the probation affidavit is not included in the record on appeal. However, because the transcript of the revocation hearing indicates the possible existence of the probation affidavit, we reverse and remand to the trial court to conduct further proceedings directed at locating and considering the probation affidavit. See Howard v. State, 883 So.2d 879, 880 (Fla. 4th DCA 2004).

Reversed and Remanded.

Levine, Klingensmith and Kuntz, JJ., concur.

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