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DELORE v. STATE

No. 5D08-4173.

19 So.3d 442 (2009)

David Allen DELORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 9, 2009.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Carlos A. Ivanor, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm the conviction for violation of probation based upon the condition 5 violation. However, as the State concedes, the Order of Revocation of Probation finds violations of other conditions for which no evidence was offered. We therefore remand this cause with instructions that the trial court strike all references to violations other than condition 5. Appellant need not be present.

AFFIRMED AND...

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