Martinez v. State

Annotate this Case

Download PDF

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT MICHAEL MARTINEZ, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) _________________________________ ) Case No. 2D01-485 Opinion filed October 23, 2002. Appeal from the Circuit Court for Hillsborough County; Chet A. Tharpe, Judge. James Marion Moorman, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Davis G. Anderson, Jr., Assistant Attorney General, Tampa, for Appellee. PER CURIAM. We affirm the order revoking Michael Martinez's probation. But the written order does not conform to the circuit court's oral announcement of the conditions violated. At the revocation hearing, the court found that Martinez violated condition N, which required him to perform community service work. The written order of revocation also states that he violated conditions 9, J and L. We remand with directions that the order be corrected to reflect that the violation was based solely on condition N. See Boggs v. State, 557 So. 2d 203 (Fla. 2d DCA 1990). ALTENBERND, NORTHCUTT, and CASANUEVA, JJ., Concur. -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.