PERITO v. STATE

No. 98-0166.

727 So.2d 1031 (1999)

Jeffrey PERITO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 17, 1999.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Gentry Denise Benjamin, Assistant Attorney General, West Palm Beach, for appellee.


GUNTHER, J.

Jeffrey Perito, appellant, appeals the revocation of his community control. Because the affidavit of violation alleges the violation of a condition not specified in the order of community control, we reverse.

Appellant, and his co-defendant Paul Hauser ("Hauser") pled guilty to organized fraud and were ordered to pay restitution in lieu of a mandatory jail sentence. The judgment and restitution order provided that appellant and Hauser were jointly...

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