Smith v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT RODNEY DESHUN SMITH, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) Case No. 2D03-5113 Opinion filed June 1, 2005. Appeal from the Circuit Court for Hillsborough County; Debra K. Behnke, Judge. James Marion Moorman, Public Defender, and Judith Ellis, Assistant Public Defender, Bartow, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. We affirm without discussion Appellant's convictions and sentence for burglary of a structure and grand theft upon revocation of his probation. The order of revocation shows violations of conditions one, four, five, twenty-seven, and thirty-six. At the revocation hearing, the trial court found that he had violated only conditions four and five. We therefore remand only for correction of the written order of revocation. Affirmed and remanded with instructions to amend the order of revocation. CASANUEVA, VILLANTI, and LaROSE, JJ., Concur.

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