McAroy v. State
JERMAINE EDWARD MCAROY, Appellant, v. STATE OF FLORIDA, Appellee.
CASE NO. 1D06-1644
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT
February 28, 2008, Opinion Filed
NOTICE:
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
PRIOR HISTORY: [*1]
An appeal from from the Circuit Court for Escambia County. Nickolas P. Geeker, Judge.
COUNSEL: Nancy A. Daniels, Public Defender, and Laura Anstead, Assistant Public Defender, Tallahassee, for Appellant.
Bill McCollum, Attorney General, and Heather Flanagan Ross and Thomas Winokur, Assistant Attorneys General, Tallahassee, for Appellee.
JUDGES: ALLEN, KAHN, and DAVIS, JJ., CONCUR.
OPINION
PER CURIAM.
Appellant challenges the revocation of his probation. We AFFIRM the revocation based on two violations of Condition (5). At the revocation hearing, the State presented no evidence regarding the third alleged violation of Condition (5), committing the offense of neglect of a child without great bodily harm. Accordingly, we REMAND with directions to strike that portion of the order finding this third violation. See, e.g., Sherwood v. State, 933 So. 2d 43, 44-45 (Fla. 2d DCA 2006); Davis v. State, 478 So. 2d 112, 113 (Fla. 2d DCA 1985).
ALLEN, KAHN, and DAVIS, JJ., CONCUR.