JOYNER v. STATE

No. 85-1292.

497 So.2d 1308 (1986)

Lawrence JOYNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 19, 1986.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Deborah K. Brueckheimer, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and William E. Taylor, Asst. Atty. Gen., Tampa, for appellee.


DANAHY, Judge.

The defendant challenges the order revoking his probation and his guidelines departure sentence. He raises two issues, both of which have merit.

First, the defendant points out that although the affidavit charging violations of probation listed six violations, only one was established by evidence at the probation revocation hearing; that was the offense of burglary at Beyond Personal Electronics in Tampa. Nevertheless, the order revoking the...

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