LASHAY ALEXANDER SMITH, JR. v. STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: February 8, 2019
• Docket: 17-2268
• Status: Published

Opinion

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

LASHAY ALEXANDER SMITH, JR., ) DOC #S24878, ) ) Appellant, ) ) v. ) Case No. 2D17-2268 ) STATE OF FLORIDA, ) ) Appellee. ) ________________________________ )

Opinion filed February 8, 2019.

Appeal from the Circuit Court for Sarasota County; Charles E. Roberts, Judge.

Howard L. Dimmig, II, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant.

Ashley Brooke Moody, Attorney General, Tallahassee, and Blain A. Goff, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

As Lashay Smith argues and the State concedes, the trial court's

amended order of revocation of Smith's probation still deviates from the court's oral

pronouncement at the revocation hearing concerning the conditions of probation that it

found Smith to have violated. Accordingly, although we affirm the revocation of Smith's probation, we remand for the entry of a second amended order of revocation that fully

conforms to the trial court's oral pronouncement at the revocation hearing.

Affirmed; remanded with directions.

SILBERMAN, BLACK, and ROTHSTEIN-YOUAKIM, JJ., Concur.

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