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JOHNSON v. STATE

No. 2D00-3255.

811 So.2d 749 (2002)

Walter Valdez JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 28, 2002.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Carol J.Y. Wilson, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jennifer R. Haymes, Assistant Attorney General, Tampa, for Appellee.

FULMER, Judge.

Walter Valdez Johnson appeals from the revocation of his community control. We reverse because the revocation was based on a charge not alleged in the amended affidavit of violation of community control.

Johnson was charged by affidavit with violating his community control by failing to remain confined to his approved residence on March 31, 2000. At the revocation hearing of April 12, 2000, the State orally moved to amend the affidavit to include...

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