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Gary v. State

District Court of Appeal of Florida, First District.
Jun 27, 2012
90 So. 3d 333 (Fla. Dist. Ct. App. 2012)

Opinion

No. 1D11–3374.

2012-06-27

Gerald GARY, Appellant, v. STATE of Florida, Appellee.

An appeal from the Circuit Court for Bay County. Michael C. Overstreet, Judge. Nancy A. Daniels, Public Defender, and Glenna Joyce Reeves, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.


An appeal from the Circuit Court for Bay County. Michael C. Overstreet, Judge.
Nancy A. Daniels, Public Defender, and Glenna Joyce Reeves, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
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).


Summaries of

Gary v. State

District Court of Appeal of Florida, First District.
Jun 27, 2012
90 So. 3d 333 (Fla. Dist. Ct. App. 2012)
Case details for

Gary v. State

Case Details

Full title:Gerald GARY, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, First District.

Date published: Jun 27, 2012

Citations

90 So. 3d 333 (Fla. Dist. Ct. App. 2012)