Florida District Courts of Appeal, 2012

Miller v. State

Miller v. State
Florida District Courts of Appeal · Decided June 20, 2012 · Black, Casanueva, Wallace
90 So. 3d 924; 2012 WL 2336744; 2012 Fla. App. LEXIS 9929 (Southern Reporter, Third Series)

Miller v. State

Opinion of the Court

CASANUEVA, Judge.

Anthony Dennis Miller appeals the revocation of his probation and subsequent imposition of a new sentence for burglary of a dwelling. He raises two issues on appeal. On the first issue, in which Mr. Miller argues that the evidence was insufficient to prove that his violation of a condition of his probation was both willful and substantial, we affirm. There was competent, substantial evidence to support the trial court’s finding that the State had proved a new law violation by the preponderance of the evidence. However, in his second issue, Mr. Miller correctly argues that the trial court erred by failing to enter a written order of revocation of probation. See Kiburis v. State, 18 So.3d 1254, 1254 (Fla. 2d DCA 2009). Consequently, we remand for entry of a proper written order. Id.

Affirmed; remanded with instructions.

WALLACE and BLACK, JJ., Concur.

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