Appeal No: BB-42

Case No: MM99-00037A-LD

 

JAMES ROBINSON,

Appellant,

vs.

STATE OF FLORIDA,

Appellee.

This is an appeal from the county court of Polk County, Judge Mary C. Green presiding. After notice and opportunity, Appellant failed to file a pro se brief. This court has jurisdiction. Fla. R. App. P. 9.030(c)(1)(A). The ruling of the county court is affirmed.

Appellant, James Robinson, appeals the ruling of the trial court which adjudicated him guilty of probation violation. The defense counsel filed an initial brief on behalf of Appellant stating that the record below contains no meritorious grounds for appeal. Anders v. California, 386 U.S. 738 (1967). In his initial brief, defense counsel argued that case relied upon by trial counsel does not stand for the proposition for which it is cited. Cherry v. State, 718 So. 2d 294 (Fla. 2d DCA 1998). This court agrees that Cherry does not hold that a court cannot not adjudicate a defendant guilty following a violation of probation. In Cherry, the appellate court advised the trial court that additional factual findings were required before the record in that case would support a ruling of violation of probation. 718 So. 2d at 295. Such analysis is not applicable in the instant case in which Appellant admitted violating his probation. This court finds no reversible error.

Accordingly, it is ORDERED that the judgment and sentence of the trial court are AFFIRMED.

ORDERED December 1999.

Charles B. Curry

Chief Judge