Blech v. State

District Court of Appeal of Florida

Blech v. State

189 So. 3d 268, 2016 WL 1386257, 2016 Fla. App. LEXIS 5391

CourtDistrict Court of Appeal of Florida

DecidedApril 8, 2016

Docket2D14-5529

StatusPublished

This text of 189 So. 3d 268 (Blech v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blech v. State, 189 So. 3d 268, 2016 WL 1386257, 2016 Fla. App. LEXIS 5391 (Fla. Ct. App. 2016).

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Opinion

SILBERMAN, Judge.

Brandon Wayne Blech seeks review of the orders revoking his sex-offender pro *269 bation in cases 07-CF-147 and 07-CF-148 and sentencing him to concurrent terms of 198 months in prison. We affirm without comment the- court’s decision to revoke Blech’s probation and the resulting sentences. We remand solely for correction of the revocation order in case 07-CF-147 to comport with the relief granted pursuant to Blech’s motion to correct sentencing error.

At the time of the violations, Blech was serving concurrent terms of-ten years of sex offender probation in cases 07-CF-147 and 07-CF-148. The State filed an affidavit of violation of probation in each case in September 2014. Blech contested the allegations, and the trial court held a revocation hearing at which the parties presented evidence and argument. The trial court concluded that Blech willfully and substantially violated his probation and entered two revocation orders. These revocation orders, which were rendered in December 2014, erroneously state that Blech admitted to the alleged probation violations.

Blech filed a motion to correct sentencing error on this'basis in case 07-CF-147. 1 The circuit court granted the motion, but the corrected order of revocation repeats the mistake. We therefore remand for entry of a second corrected order of revocation in case 07-CF-147 which comports with the relief granted in the order rendered on July 14, 2015. .

Affirmed and remanded with directions.

CASANUEVA and CRENSHAW, JJ., Concur.

1

. Although the motion was styled using both underlying case numbers, Blech referred only to a singular revocation order in the body of the motion and attached only the revocation order in case 07-CF-147.

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SILBERMAN, Judge.

Brandon Wayne Blech seeks review of the orders revoking his sex-offender pro *269 bation in cases 07-CF-147 and 07-CF-148 and sentencing him to concurrent terms of 198 months in prison. We affirm without comment the- court’s decision to revoke Blech’s probation and the resulting sentences. We remand solely for correction of the revocation order in case 07-CF-147 to comport with the relief granted pursuant to Blech’s motion to correct sentencing error.

At the time of the violations, Blech was serving concurrent terms of-ten years of sex offender probation in cases 07-CF-147 and 07-CF-148. The State filed an affidavit of violation of probation in each case in September 2014. Blech contested the allegations, and the trial court held a revocation hearing at which the parties presented evidence and argument. The trial court concluded that Blech willfully and substantially violated his probation and entered two revocation orders. These revocation orders, which were rendered in December 2014, erroneously state that Blech admitted to the alleged probation violations.

Blech filed a motion to correct sentencing error on this'basis in case 07-CF-147. 1 The circuit court granted the motion, but the corrected order of revocation repeats the mistake. We therefore remand for entry of a second corrected order of revocation in case 07-CF-147 which comports with the relief granted in the order rendered on July 14, 2015. .

Affirmed and remanded with directions.

CASANUEVA and CRENSHAW, JJ., Concur.

1

. Although the motion was styled using both underlying case numbers, Blech referred only to a singular revocation order in the body of the motion and attached only the revocation order in case 07-CF-147.

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Bluebook (online)

189 So. 3d 268, 2016 WL 1386257, 2016 Fla. App. LEXIS 5391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blech-v-state-fladistctapp-2016.