HENRY v. STATE (2019)

District Court of Appeal of Florida, Fifth District.

David P. HENRY, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-3325

Decided: December 13, 2019

James S. Purdy, Public Defender, and Danielle R. Rufai, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.

David Henry appeals the entry of an order finding him in violation of his probation. We conclude that there was competent, substantial evidence to support the trial court's determination that Henry violated Special Condition C, by having indirect contact with H.H. on February 14, February 24, April 2, April 13, and May 24, 2018. However, because the evidence was insufficient to support the other violations found by the trial court, we reverse and remand for the trial court to reconsider the sentence imposed and for correction of the violation of probation order. See, e.g., Whitehead v. State, 22 So. 3d 846, 849 (Fla. App. 4th DCA 2009) (holding that where three of nine findings of probation violations were not supported by evidence, appellate court would remand to allow trial court to consider sentence imposed based upon six supported violations; further ordering trial court to correct order revoking probation).

AFFIRMED in part; REVERSED in part; REMANDED.

PER CURIAM.

EVANDER, C.J., ORFINGER and WALLIS, JJ., concur.

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