Payne v. State

District Court of Appeal of Florida

Payne v. State

59 So. 3d 339, 2011 Fla. App. LEXIS 5978, 2011 WL 1563259

CourtDistrict Court of Appeal of Florida

DecidedApril 27, 2011

DocketNo. 4D09-5289

StatusPublished

This text of 59 So. 3d 339 (Payne 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

Payne v. State, 59 So. 3d 339, 2011 Fla. App. LEXIS 5978, 2011 WL 1563259 (Fla. Ct. App. 2011).

Pincite

Opinion

PER CURIAM.

Appellant, Andre Payne, appeals the trial court’s oral revocation of his community control due to a new offense in violation thereof. We find that the trial court erred when it failed to reduce the oral pronouncement to a written order.

Payne was on probation which was modified to include six months of community control. Upon being charged with aggravated battery with a deadly weapon in violation of his community control, the trial court orally pronounced the revocation of the community control. However, the trial court failed to enter a written order for the same.

This court remands the case for entry of a written order which conforms with the oral pronouncement by the trial court. This act is ministerial for future reference, is not a resentencing, and does not require the presence of the defendant.

Remanded.

GROSS, C.J., POLEN and DAMOORGIAN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI