Timothy Brown v. State

District Court of Appeal of Florida

Timothy Brown v. State

225 So. 3d 399, 2017 WL 3642020, 2017 Fla. App. LEXIS 12109

CourtDistrict Court of Appeal of Florida

DecidedAugust 25, 2017

DocketCase 5D17-190

StatusPublished

Cited by1 cases

This text of 225 So. 3d 399 (Timothy Brown 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.

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Timothy Brown v. State, 225 So. 3d 399, 2017 WL 3642020, 2017 Fla. App. LEXIS 12109 (Fla. Ct. App. 2017).

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Opinion

PER CURIAM.

Timothy Brown appeals the final order revoking his community control and sentencing him to serve 118.35 months in the Department of Corrections. Following careful consideration, we affirm the revocation and sentence. However, we remand for entry of a supplemental order.

Appellant was assessed 48 points on his scoresheet for prior violations of community control and probation as a violent felony offender of special concern. “Section 948.06(8)(e)1, Florida Statutes, requires that a trial court make written findings regarding whether a violent felony offender of special concern poses a danger to the community.” Glenn v. State, 219 So.3d 1010, 1010 (Fla. 1st DCA 2017). At the revocation hearing, Appellant’s status *400 as a violent felony offender of special concern was never mentioned. The trial court did not orally find that Appellant was.a danger to the community and did not make any written findings. However, the court orally referenced reasons that'would support such a finding under the statute.

[Wjhere a court orally pronounces a reason, consistent with one or more of the factors listed under section 948.06(8)(e)1, for its finding that the defendant, as a violent felony offender of special concern, poses a danger to the community, but fails to provide written reasons for its finding, the proper remedy is to affirm the revocation of the defendant’s probation, but, remand for entry of a -written order conforming to the court’s oral pronouncement.

Arnone v. State, 204 So.3d 556, 557 (Fla. 4th DCA 2016) (citing Martin v. State, 87 So.3d 813, 813 (Fla. 2d DCA 2012); Bell v. State, 150 So.3d 1214, 1214 (Fla. 5th DCA 2014)). We further instruct the trial cburt to specifically identify in its supplemental, corrected order which condition of community control Appellant willfully violated. Accordingly, we remand the case so that the trial court can file an appropriate supplemental, corrected written order.

AFFIRMED ' AND REMANDED WITH INSTRUCTIONS.'

EVANDER, BERGER, and EDWARDS, JJ., concur.

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PER CURIAM.

Timothy Brown appeals the final order revoking his community control and sentencing him to serve 118.35 months in the Department of Corrections. Following careful consideration, we affirm the revocation and sentence. However, we remand for entry of a supplemental order.

Appellant was assessed 48 points on his scoresheet for prior violations of community control and probation as a violent felony offender of special concern. “Section 948.06(8)(e)1, Florida Statutes, requires that a trial court make written findings regarding whether a violent felony offender of special concern poses a danger to the community.” Glenn v. State, 219 So.3d 1010, 1010 (Fla. 1st DCA 2017). At the revocation hearing, Appellant’s status *400 as a violent felony offender of special concern was never mentioned. The trial court did not orally find that Appellant was.a danger to the community and did not make any written findings. However, the court orally referenced reasons that'would support such a finding under the statute.

[Wjhere a court orally pronounces a reason, consistent with one or more of the factors listed under section 948.06(8)(e)1, for its finding that the defendant, as a violent felony offender of special concern, poses a danger to the community, but fails to provide written reasons for its finding, the proper remedy is to affirm the revocation of the defendant’s probation, but, remand for entry of a -written order conforming to the court’s oral pronouncement.

Arnone v. State, 204 So.3d 556, 557 (Fla. 4th DCA 2016) (citing Martin v. State, 87 So.3d 813, 813 (Fla. 2d DCA 2012); Bell v. State, 150 So.3d 1214, 1214 (Fla. 5th DCA 2014)). We further instruct the trial cburt to specifically identify in its supplemental, corrected order which condition of community control Appellant willfully violated. Accordingly, we remand the case so that the trial court can file an appropriate supplemental, corrected written order.

AFFIRMED ' AND REMANDED WITH INSTRUCTIONS.'

EVANDER, BERGER, and EDWARDS, JJ., concur.

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225 So. 3d 399, 2017 WL 3642020, 2017 Fla. App. LEXIS 12109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/timothy-brown-v-state-fladistctapp-2017.

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