NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
JUSTIN ALAN KASE, )
)
Appellant, )
)
v. ) Case No. 2D15-4994
)
STATE OF FLORIDA, )
)
Appellee. )
)
Opinion filed December 14, 2016.
Appeal from the Circuit Court for Charlotte
County; John L. Burns, Acting Circuit
Judge.
Howard L. Dimmig, II, Public Defender,
and Pamela H. Izakowitz, Assistant Public
Defender, Bartow, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Brandon R. Christian,
Assistant Attorney General, Tampa, for
Appellee.
PER CURIAM.
Justin Alan Kase appeals an order revoking his probationary sentence for
driving while his license was suspended or revoked. He argues that the trial court erred
in revoking his probation because the State failed to establish a willful and substantial
violation of probation. On October 22, 2015, the trial court imposed Mr. Kase's new
sentence of 364 days in the county jail. We are informed that Mr. Kase was released
from jail on March 1, 2016.
We agree with Mr. Kase that the trial court erred in finding that Mr. Kase
had committed a willful and substantial violation of probationary condition 3 for moving
from his approved residence without permission. However, the record supports the trial
court's finding that Mr. Kase committed a willful and substantial violation of condition 9
by failing to report to the probation office as instructed. The trial court's comments leave
no doubt that it would have revoked Mr. Kase's probation based solely on the violation
of condition 9. Thus we need not remand for the trial court to consider whether it would
have revoked Mr. Kase's probation based solely on the violation of condition 9. See
Brown v. State, 6 So. 3d 671, 672 (Fla. 2d DCA 2009) (affirming an order revoking
probation after determining one of the grounds for revocation was improper when it was
clear that the trial court would have revoked the appellant's probation on the remaining
ground).
Accordingly, we affirm the order revoking Mr. Kase's probation and his
sentence. We remand this case to the trial court to strike the finding of a violation of
condition 3 from the order of revocation. See id.
Affirmed; remanded for correction of order.
NORTHCUTT, WALLACE, and KHOUZAM, JJ., Concur.
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