Opinion
Case No. 4D02-1886
Opinion filed September 10, 2003
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Peter M. Weinstein, Judge; L.T. Case No. 00-16022 CF10A.
Carey Haughwout, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.
In this appeal, appellant challenges the revocation of his community control. The trial court found three violations of the control provisions. Although we conclude that the court erred in determining that appellant failed to follow the instructions of his community control officer when the specific condition violated was imposed by the officer, not the court, see Voudry v. State, 641 So.2d 466, 467 (Fla. 4th DCA 1994), there was competent substantial evidence to support the other two violations. We conclude from the record that the trial court would have revoked appellant's probation based on these violations alone. We therefore affirm.
WARNER, POLEN and STEVENSON, JJ., concur.
NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.