Miller v. State

District Court of Appeal of Florida

Miller v. State

711 So. 2d 1357, 1998 Fla. App. LEXIS 7140, 1998 WL 314601

CourtDistrict Court of Appeal of Florida

DecidedJune 17, 1998

DocketNo. 96-05311

StatusPublished

This text of 711 So. 2d 1357 (Miller 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

Miller v. State, 711 So. 2d 1357, 1998 Fla. App. LEXIS 7140, 1998 WL 314601 (Fla. Ct. App. 1998).

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Opinion

CASANUEVA, Judge.

We affirm the finding of the trial court that Mr. Miller willfully and substantially violated his probation. See Hightower v. State, 529 So.2d 726 (Fla. 2d DCA 1988). We must remand, however, for the trial court to enter a written order documenting the specific conditions of probation that Mr. Miller violated. See Remich v. State, 696 So.2d 1270 (Fla. 2d DCA 1997). On remand, as contended by the appellant and as conceded by the State, Mr. Miller’s sentence must be corrected to reflect that he is to serve the suspended portion of his sentence on count II, a term of one year rather than thirty months.

FULMER, A.C.J., and NORTHCUTT, J„ concur.

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CASANUEVA, Judge.

We affirm the finding of the trial court that Mr. Miller willfully and substantially violated his probation. See Hightower v. State, 529 So.2d 726 (Fla. 2d DCA 1988). We must remand, however, for the trial court to enter a written order documenting the specific conditions of probation that Mr. Miller violated. See Remich v. State, 696 So.2d 1270 (Fla. 2d DCA 1997). On remand, as contended by the appellant and as conceded by the State, Mr. Miller’s sentence must be corrected to reflect that he is to serve the suspended portion of his sentence on count II, a term of one year rather than thirty months.

FULMER, A.C.J., and NORTHCUTT, J„ concur.

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Bluebook (online)

711 So. 2d 1357, 1998 Fla. App. LEXIS 7140, 1998 WL 314601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-fladistctapp-1998.

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