Third District Court of Appeal
State of Florida
Opinion filed July 23, 2014.
Not final until disposition of timely filed motion for rehearing.
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No. 3D13-1924
Lower Tribunal No. 12-4967
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S.C., a juvenile,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Angelica D.
Zayas, Judge.
Carlos J. Martinez, Public Defender, and Billie Jan Goldstein, Assistant
Public Defender, for appellant.
Pamela Jo Bondi, Attorney General, and Jeffrey R. Geldens, Assistant
Attorney General, for appellee.
Before EMAS, FERNANDEZ and SCALES, JJ.
PER CURIAM.
S.C. appeals from trial court orders that revoked her probation and imposed
a new probation. We affirm the revocation of probation, concluding there was
sufficient evidence to satisfy the trial court’s finding that S.C. violated her
probation.
However, the order of revocation includes a statement that S.C. tested
positive for THC on February 8, 2013. The State concedes the February 8, 2013
drug test should not have been a basis for revocation because it was not addressed
at the hearing. Accordingly, we remand to the trial court solely for entry of a
corrected order of revocation that deletes the reference to S.C. testing positive for
THC on February 8, 2013. See Johnson v. State, 667 So. 2d 475 (Fla. 3d DCA
1996).
Affirmed and remanded with instructions.
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