KIBURIS v. State

18 So. 3d 1254, 2009 Fla. App. LEXIS 15521, 2009 WL 3270844

Opinion

PER CURIAM.

Richard Wallace Kiburis appeals the revocation of his probation and resulting prison sentence. We affirm the judgment and sentence but remand for entry of a written order of revocation of probation.

When Mr. Kiburis attempted to correct the trial court’s failure to render a separate written order of revocation by filing a motion pursuant to Florida Rule of Criminal Procedure 3.800(b), the trial court denied relief stating that “collectively, the judgment and sentence constitutes [sic] a sufficient written order revoking probation to facilitate appellate review of the revocation.” We do not agree. See Moschiano v. State, 12 So.3d 922 (Fla. 2d DCA 2009); Dawkins v. State, 936 So.2d 710 (Fla. 2d DCA 2006).

Affirmed; remanded with instructions.

CASANUEVA, C.J., and ALTENBERND and NORTHCUTT, JJ., concur.