BALLESTER v. STATE

No. 2D99-4333.

779 So.2d 624 (2001)

Julio BALLESTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 2, 2001.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Anthony C. Musto, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jenny S. Sieg, Assistant Attorney General, Tampa, for Appellee.


GREEN, Judge.

We affirm Julio Ballester's judgment and sentence which resulted from the revocation of his probation.

The trial court's written order recites that revocation was based on the violation of condition seven, proscribing the use of narcotics, and condition five, a new law violation, to wit: petit theft. However, the court's oral pronouncement referenced only condition seven.

This matter was not addressed to the trial judge. Because this...

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