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JOHNSTON v. STATE

No. 95-4296.

684 So.2d 262 (1996)

Rodney JOHNSTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 4, 1996.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Elliot B. Kula, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Appellant, Rodney Johnston, appeals from written orders revoking community control and probation, and from a seven-year prison term. We affirm in part and reverse in part.

Appellant correctly argues that the order revoking probation should be vacated because no formal charge of violation of probation had been filed. This issue may be raised for the first time on appeal because it rises to the level of fundamental error. Sanford v. Rubin,

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