Findley v. State

District Court of Appeal of Florida

Findley v. State

63 So. 3d 853, 2011 Fla. App. LEXIS 8388, 2011 WL 2202065

CourtDistrict Court of Appeal of Florida

DecidedJune 8, 2011

DocketNo. 1D10-6547

StatusPublished

Cited by1 cases

This text of 63 So. 3d 853 (Findley 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

Findley v. State, 63 So. 3d 853, 2011 Fla. App. LEXIS 8388, 2011 WL 2202065 (Fla. Ct. App. 2011).

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Opinion

PER CURIAM.

We affirm the trial court’s order revoking probation, lifting a previous suspension of sentence, and sentencing the appellant to 36 months in prison. We remand this case to the trial court, however, to enter a corrected revocation order reflecting that at the violation hearing, the appellant admitted violating only Conditions (3) and (11) and then entered a plea of nolo con-tendere accordingly. Because the entry of the corrected order is merely a ministerial act, the appellant need not be present. See Enno v. State, 59 So.3d 149 (Fla. 1st DCA 2011); Stokes v. State, 1 So.3d 1141, 1142 (Fla. 1st DCA 2009).

AFFIRMED and REMANDED for entry of a corrected order.

THOMAS, WETHERELL, and MARSTILLER, JJ., concur.

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PER CURIAM.

We affirm the trial court’s order revoking probation, lifting a previous suspension of sentence, and sentencing the appellant to 36 months in prison. We remand this case to the trial court, however, to enter a corrected revocation order reflecting that at the violation hearing, the appellant admitted violating only Conditions (3) and (11) and then entered a plea of nolo con-tendere accordingly. Because the entry of the corrected order is merely a ministerial act, the appellant need not be present. See Enno v. State, 59 So.3d 149 (Fla. 1st DCA 2011); Stokes v. State, 1 So.3d 1141, 1142 (Fla. 1st DCA 2009).

AFFIRMED and REMANDED for entry of a corrected order.

THOMAS, WETHERELL, and MARSTILLER, JJ., concur.

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Bluebook (online)

63 So. 3d 853, 2011 Fla. App. LEXIS 8388, 2011 WL 2202065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/findley-v-state-fladistctapp-2011.

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