Florida District Courts of Appeal, 2012

Gary v. State

Gary v. State
Florida District Courts of Appeal · Decided April 27, 2012 · Davis, Ray, Thomas
90 So. 3d 333; 2012 WL 1449323; 2012 Fla. App. LEXIS 6633 (Southern Reporter, Third Series)

Gary v. State

Opinion of the Court

PER CURIAM.

In this Anders* appeal, we affirm Appellant’s judgment and sentence but remand for entry of a written order of revocation of probation. The trial court orally found that Appellant willfully and substantially violated condition five of his probation in two ways. Although the court revoked Appellant’s probation, it neglected to enter a formal, written order of revocation. Such an order is required. Fowler v. State, 79 So.3d 868, 868 (Fla. 1st DCA 2012) (citing Robinson v. State, 74 So.3d 570, 572 (Fla. 4th DCA 2011)). We, therefore, remand for entry of a revocation order consistent with the trial court’s oral pronouncement. Appellant need not be present for the entry of the order. See Fowler, 79 So.3d at 868.

AFFIRMED.

DAVIS, THOMAS, and RAY, JJ., concur.

Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

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