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Johnson v. State

DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
Jan 6, 2017
206 So. 3d 851 (Fla. Dist. Ct. App. 2017)

Opinion

CASE NO. 1D15–3137

01-06-2017

Antonio JOHNSON, Appellant, v. STATE of Florida, Appellee.

Nancy A. Daniels, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tayo Popoola and Jennifer Moore, Assistant Attorneys General, Tallahassee, for Appellee.


Nancy A. Daniels, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tayo Popoola and Jennifer Moore, Assistant Attorneys General, Tallahassee, for Appellee.

WOLF, J.

Appellant challenges the revocation of his probation. We hold that the trial court did not abuse its discretion in determining that the State had proven appellant's violation and in revoking appellant's probation. However, the record does not reflect a written order of revocation. Pursuant to this court's holding in Fowler v. State, 79 So.3d 868, 869 (Fla. 1st DCA 2012), "[a] formal, written order of revocation is required even when the record clearly reflects the trial court's intention to revoke probation and its reasons for doing so."

Thus, though we affirm the revocation of appellant's probation and appellant's resulting sentence, we nonetheless remand for the trial court to enter a formal, written order of revocation. See Brown v. State, 10 So.3d 1203 (Fla. 4th DCA 2009).

BILBREY and M.K. THOMAS, JJ., CONCUR.


Summaries of

Johnson v. State

DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
Jan 6, 2017
206 So. 3d 851 (Fla. Dist. Ct. App. 2017)
Case details for

Johnson v. State

Case Details

Full title:ANTONIO JOHNSON, Appellant, v. STATE OF FLORIDA, Appellee.

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

Date published: Jan 6, 2017

Citations

206 So. 3d 851 (Fla. Dist. Ct. App. 2017)