Florida District Courts of Appeal, 2011

Payne v. State

Payne v. State
Florida District Courts of Appeal · Decided April 27, 2011 · Damoorgian, Gross, Polen
59 So. 3d 339; 2011 Fla. App. LEXIS 5978; 2011 WL 1563259 (Southern Reporter, Third Series)

Payne v. State

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.