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PHELPS v. STATE

No. 1D02-3783.

872 So.2d 974 (2004)

Dale R. PHELPS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 4, 2004.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant.

Charles J. Crist, Jr., Attorney General and Karen M. Holland, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Although the record does not support the trial court's finding that the defendant willfully violated the monetary conditions of his community control, it does amply support the more serious charge that he committed a new crime while he was on community control. It is clear that the error had no impact on the revocation or on the sentence imposed. Accordingly, we remand the case with directions to delete the finding that the defendant failed to comply with...

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