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Claire v. State

District Court of Appeal of Florida, Third District.
Jul 3, 2013
116 So. 3d 638 (Fla. Dist. Ct. App. 2013)

Opinion

No. 3D12–1670.

2013-07-3

Richard CLAIRE, Appellant, v. The STATE of Florida, Appellee.

An Appeal from the Circuit Court for Miami–Dade County, Dava J. Tunis, Judge. Carlos J. Martinez, Public Defender, and Shanon Healy, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Michael W. Mervine, Assistant Attorney General, for appellee.


An Appeal from the Circuit Court for Miami–Dade County, Dava J. Tunis, Judge.
Carlos J. Martinez, Public Defender, and Shanon Healy, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Michael W. Mervine, Assistant Attorney General, for appellee.
Before CORTIÑAS, EMAS and LOGUE, JJ.

ON CONFESSION OF ERROR


PER CURIAM.

Upon the State's proper confession of error, and our own review of the record, we reverse the trial court's written order of revocation of probation and remand with directions that the trial court enter an order of revocation that conforms to the trial court's oral pronouncement as set forth in the transcript of the probation violation hearing.

We note that Michael Mervine, the assistant attorney general in the instant case, filed the confession of error before Appellant even filed his initial brief. We commend this display of initiative by Mr. Mervine and the Office of the Attorney General.

Reversed and remanded with directions.




Summaries of

Claire v. State

District Court of Appeal of Florida, Third District.
Jul 3, 2013
116 So. 3d 638 (Fla. Dist. Ct. App. 2013)
Case details for

Claire v. State

Case Details

Full title:Richard CLAIRE, Appellant, v. The STATE of Florida, Appellee.

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

Date published: Jul 3, 2013

Citations

116 So. 3d 638 (Fla. Dist. Ct. App. 2013)