Duane J. McCoy, Jr. v. State

District Court of Appeal of Florida

Duane J. McCoy, Jr. v. State

CourtDistrict Court of Appeal of Florida

DecidedAugust 14, 2017

Docket5D16-3906

StatusPublished

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Duane J. McCoy, Jr. v. State, (Fla. Ct. App. 2017).

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Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

DUANE JOSEPH McCOY, JR.,

Appellant,

v. Case No. 5D16-3906

STATE OF FLORIDA,

Appellee.

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Opinion filed August 18, 2017

Appeal from the Circuit Court for Brevard County, James H. Earp, Judge.

James S. Purdy, Public Defender, and Nicole J. Martingano , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Duane Joseph McCoy, Jr., appeals the trial court's order revoking his probation.

We affirm the judgment and sentence without further discussion. However, we note that,

although the trial court orally announced the conditions of probation McCoy violated, it

did not specify those conditions in its written order. We remand this case to the trial court to enter a corrected order identifying the conditions McCoy violated. See Lewis v. State,

8 So. 3d 370, 371 (Fla. 5th DCA 2009); Payne v. State, 920 So. 2d 742, 743 (Fla. 5th

DCA 2006).

AFFIRMED and REMANDED with Instructions.

PALMER, WALLIS and LAMBERT, JJ., concur.

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