Summary
finding trial court erred in finding appellant guilty of one count of amended violation of probation affidavit, but affirming because “the other armed robbery violation is more than substantial enough to warrant revocation”
Summary of this case from Grant v. StateOpinion
Case No. 4D00-400
Opinion filed August 1, 2001
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul Backman, Judge; L.T. Case No. 98-13385CF10A.
Carey Haughwout, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.
We affirm the trial court's order revoking appellant's probation. The evidence presented at the hearing supports the finding that appellant violated his probation by setting up the armed robbery of his employer. The trial court erred in finding appellant guilty of Count II of the amended violation probation affidavit, since no evidence was presented concerning that armed robbery. Nonetheless, the other armed robbery violation is more than substantial enough to warrant revocation, so we do not remand the case for reconsideration by the trial court. See Kiess v. State, 642 So.2d 1141, 1142 (Fla. 4th DCA 1994).
POLEN, C.J., STONE and GROSS, JJ., concur.