Darby v. State

District Court of Appeal of Florida

Darby v. State

198 So. 3d 47, 2015 Fla. App. LEXIS 16453, 2015 WL 6738656

CourtDistrict Court of Appeal of Florida

DecidedNovember 4, 2015

Docket2D14-5871

StatusPublished

This text of 198 So. 3d 47 (Darby 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

Darby v. State, 198 So. 3d 47, 2015 Fla. App. LEXIS 16453, 2015 WL 6738656 (Fla. Ct. App. 2015).

Pincite

Opinion

PER CURIAM.

Lavontrai T. Darby appeals the order revoking his probation and his resulting sentence. The record supports the’trial court’s finding that Mr. Darby substantially violated the conditions of his probation by committing, two new law violations contrary to condition 5 of his probation. Thus we affirm the order of revocation of probation and the sentence imposed. However, we remand for the entry of a corrected revocation order.

In its order of revocation, the trial court did not state the conditions that Mr. Darby was found to have violated. Accordingly, we remand for the entry of an amended order of revocation setting forth the conditions violated and conforming to the trial court’s oral pronouncements made during the revocation hearing. See Nolen v. State, 627 So.2d 580, 581 (Fla. 2d DCA 1993); Oliver v. State, 819 So.2d 816, 816 (Fla. 1st DCA 2002). Mr. Darby need not be present for this ministerial task.

Affirmed; remanded with directions.

WALLACE, KHOUZAM, and SALARIO, JJ., Concur. ' •

Free access — add to your briefcase to read the full text and ask questions with AI