Gary v. State

Full title: GERALD GARY, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

Date published: Apr 27, 2012

CASE NO. 1D11-3374 (Fla. Dist. Ct. App. Apr. 27, 2012)

Opinion

CASE NO. 1D11-3374

04-27-2012

GERALD GARY, Appellant, v. STATE OF FLORIDA, Appellee.

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

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

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.

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AFFIRMED. DAVIS, THOMAS, and RAY, JJ., CONCUR.

Anders v. California, 386 U.S. 738 (1967).