Brewster v. State, 352 So. 2d 1267

PER CURIAM.

Appellant‘s probation supervisor filed an affidavit charging appellant with violating conditions (a) and (h) of his probation. At the hearing on the affidavit, the trial court found that appellant had violated condition (a) of his probation and revoked the probation. We affirm that revocation, but we agree with appellant that there are imperfections in the order revoking probation and in the subsequent sentence.

In the first place, owing to an apparent clerical error, the order revoking probation recites that appellant violated not only condition (a) but also condition (h). Since at the hearing the court only found that appellant had violated condition (a), it should now remove any reference to condition (h) from its order.

The present sentence fails to specify the amount of credit time as Section 921.161(1), Florida Statutes (1975) requires. Brooks v. State, 349 So.2d 794 (Fla. 2d DCA 1977). Moreover, the phrase “at hard labor” in the sentence is improper. Brooks v. State, supra.

We remand the case for the court to make the corrections which this opinion mandates. Appellant need not be present at that time.

HOBSON, A.C.J., and GRIMES and RYDER, JJ., concur.

Case Details

Case Name: Brewster v. State

Court Name: District Court of Appeal of Florida

Date Published: Dec 16, 1977

Citations: 352 So. 2d 1267; 77-508

Docket Number: 77-508

Court Abbreviation: Fla. Dist. Ct. App.