PEREZ v. STATE

No. 4D00-110.

805 So.2d 76 (2002)

Ernesto PEREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 16, 2002.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

Appellant challenges the trial court's revocation of his probation for violating a probation condition which was never orally pronounced or set forth in the written order of probation. Because the failure to include the condition did not put appellant on notice of it, it was not part of the sentence and the court could not revoke appellant's probation based upon a violation of that condition.

Appellant pled nolo contendere to charges of committing...

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