Antonio Johnson v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: January 5, 2017
• Docket: 15-3137
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

ANTONIO JOHNSON, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED

v. CASE NO. 1D15-3137

STATE OF FLORIDA,

Appellee.

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Opinion filed January 6, 2017.

An appeal from the Circuit Court for Leon County. Terry P. Lewis, Judge.

Nancy A. Daniels, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tayo Popoola and Jennifer Moore, Assistant Attorneys General, Tallahassee, for Appellee.

WOLF, J.

Appellant challenges the revocation of his probation. We hold that the trial

court did not abuse its discretion in determining that the State had proven

appellant’s violation and in revoking appellant’s probation. However, the record

does not reflect a written order of revocation. Pursuant to this court’s holding in Fowler v. State, 79 So. 3d 868, 869 (Fla. 1st DCA 2012), “[a] formal, written order

of revocation is required even when the record clearly reflects the trial court’s

intention to revoke probation and its reasons for doing so.”

Thus, though we affirm the revocation of appellant’s probation and

appellant’s resulting sentence, we nonetheless remand for the trial court to enter a

formal, written order of revocation. See Brown v. State, 10 So. 3d 1203 (Fla. 4th

DCA 2009).

BILBREY and M.K. THOMAS, JJ., CONCUR.