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McAROY v. STATE

No. 1D06-1644.

975 So.2d 587 (2008)

Jermaine Edward McAROY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 28, 2008.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Laura Anstead, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Heather Flanagan Ross and Thomas Winokur, Assistant Attorneys General, Tallahassee, for Appellee.

PER CURIAM.

Appellant challenges the revocation of his probation. We AFFIRM the revocation based on two violations of Condition (5). At the revocation hearing, the State presented no evidence regarding the third alleged violation of Condition (5), committing the offense of neglect of a child without great bodily harm. Accordingly, we REMAND with directions to strike that portion of the order finding this third violation. See, e.g., Sherwood v. State,

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