Carswell 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 ) ) Appellant, ) ) ) v. ) ) STATE OF FLORIDA, ) Appellee. ) _________________________________ ) DARRON CARSWELL, Case No. 2D00-4094 Opinion filed December 14, 2001. Appeal from the Circuit Court for Hillsborough County; Rex M. Barbas, Judge. James Marion Moorman, Public Defender, and Howardene Garrett, Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee. NORTHCUTT, Judge. The circuit court revoked Darron Carswell's probation based on his violations of numerous conditions. Carswell claims the evidence was insufficient to support the revocation. We affirm the court s conclusion that Carswell willfully violated conditions 3, 9, A and I. However, the evidence failed to prove violations of two of the conditions recited in the revocation order: that Carswell failed to perform required community service hours (condition M) and that he committed a new law violation (condition 5). We reverse the order as it relates to these two conditions and remand for the circuit court to enter a new order. Probation revocation affirmed, remanded with directions to enter a new order. BLUE, C.J., and RAMSBERGER, PETER M., ASSOCIATE JUDGE, Concur. -2-
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