Alexander v. State

Full title: Todd ALEXANDER, Appellant, v. The STATE of Florida, Appellee.

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

Date published: Feb 15, 2017

211 So. 3d 1085 (Fla. Dist. Ct. App. 2017)

Opinion

Nos. 3D15–2314 3D15–2140

02-15-2017

Todd ALEXANDER, Appellant, v. The STATE of Florida, Appellee.

Carlos J. Martinez, Public Defender, and Harvey J. Sepler and Jeffrey Paul DeSousa, Assistant Public Defenders, for appellant. Pamela Jo Bondi, Attorney General, and Arlisa Certain, Assistant Attorney General, for appellee.

SCALES, J.

Carlos J. Martinez, Public Defender, and Harvey J. Sepler and Jeffrey Paul DeSousa, Assistant Public Defenders, for appellant.

Pamela Jo Bondi, Attorney General, and Arlisa Certain, Assistant Attorney General, for appellee.

Before SUAREZ, C.J. and LAGOA and SCALES, JJ.

SCALES, J.

In this consolidated appeal, Appellant Todd Alexander challenges both (i) his conviction for animal cruelty, and (ii) the trial court's revocation of his probation based on the animal cruelty conviction. Because the jury's verdict is supported by competent, substantial evidence of when Alexander committed the crime, we affirm. Gonzalez v. State , 841 So.2d 650, 652 (Fla. 3d DCA 2003) (jury verdict supported by competent, substantial evidence must be sustained on appeal). We remand only to allow the trial court to enter a correct written order, consistent with its oral pronouncement, to reflect that the crime was not committed using a weapon.

Affirmed; remanded.