Ian Bryce Davis v. State of Florida

Opinion

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA

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Case No. 5D2022-2942 LT Case No. 2018-CF-000404

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IAN BRYCE DAVIS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

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On appeal from the Circuit Court for Flagler County. Terence R. Perkins, Judge.

Matthew J. Metz, Public Defender, and Kathryn Rollison Radtke, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Deborah Chance, Assistant Attorney General, Daytona Beach, for Appellee.

July 19, 2024

PER CURIAM.

AFFIRMED.

EISNAUGLE and BOATWRIGHT, JJ., concur. LAMBERT, J., concurs specially, with opinion.

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Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

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3

Case No. 5D2022-2942

LT Case No. 2018-CF-000404

LAMBERT, J., concurring specially with opinion.

Ian Bryce Davis was found by the trial court after a revocation of probation evidentiary hearing to have violated his probation. The court revoked his probation and sentenced Davis to prison. The majority has voted to affirm the revocation of probation and the resulting judgment and sentence, with which I concur.

The order of revocation of probation does, however, inadvertently contain errors as it lists conditions of probation that the court found had not been willfully violated, as well as a condition that the court did not announce as having been violated. However, because these errors have not been preserved for appellate review by raising this specific issue in a Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct sentencing error, the revocation order is properly affirmed. See Simmons v. State, 357 So. 3d 790, 792 (Fla. 5th DCA 2023) (Lambert, J., concurring).