CLARK v. STATE

No. 87-01338.

559 So.2d 1272 (1990)

Raymond Eugene CLARK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 18, 1990.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Lawrence D. Shearer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Acting Chief Judge.

This appeal addresses whether a trial court can modify community control conditions based on an offender's out-of-court written agreement and waiver without first conducting a hearing with the defendant present pursuant to section 948.06, Florida Statutes (1987).

On November 10, 1986, the defendant pled nolo contendere to attempted arson and was placed on two years community control. Two days later, he signed a waiver of rights and...

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