Legal Opinion

Lishinsky v. State

District Court of Appeal of Florida

Decided February 15, 2017No. 4D15-2531PublishedCited by 1 opinion

1Per curiam

David Lishinsky appeals the trial court’s order revoking his probation in Case Nos. 11-6410CF1QA, 12-668CF10A and 13-10939CF10A. As the State concedes, the probation affidavit is not included in the record on appeal. However, because the transcript of the revocation hearing indicates the possible existence of the probation affidavit, we reverse and remand to the trial court to conduct further proceedings directed at locating and considering the probation affidavit. See Howard v. State, 883 So.2d 879, 880 (Fla. 4th DCA 2004).

Reversed and Remanded.

Levine, Klingensmith and Kuntz, JJ., concur.

2Cases cited1 opinion

  1. Howard v. StateDistrict Court of Appeal of Florida · 2004

3Cited by1 opinion

  1. Raimondi v. StateDistrict Court of Appeal of Florida · 2018