Leonel Alejandro Ramos-Argueta v. The State of Florida

• Court: District Court of Appeal of Florida
• Decided: February 21, 2024
• Docket: 2023-1193
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed February 21, 2024. Not final until disposition of timely filed motion for rehearing.

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No. 3D23-1193 Lower Tribunal No. F18-18038 ________________

Leonel Alejandro Ramos-Argueta, Appellant,

vs.

The State of Florida, Appellee.

An appeal from the Circuit Court for Miami-Dade County, Ellen Sue Venzer, Judge.

Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant Public Defender, for appellant.

Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for appellee.

Before EMAS, LINDSEY, and MILLER, JJ.

ON CONFESSION OF ERROR

PER CURIAM. Appellant, Leonel Alejandro Ramos-Argueta, appeals from a trial court

order revoking his probation and sentencing him to a term of incarceration.

Based upon the State’s proper and commendable confession of error and

our own independent review of the record, we affirm the revocation but

remand with instructions that the written order of revocation be corrected to

conform to the trial court’s oral pronouncement. See Salvatierra v. State,

691 So. 2d 32, 32 (Fla. 3d DCA 1997); Hernandez v. State, 254 So. 3d 1091,

1092 (Fla. 3d DCA 2018); Michel v. State, 289 So. 3d 522, 523 (Fla. 3d DCA

2019).

Affirmed in part; reversed in part; and remanded for further

proceedings.