Kelsey v. State

Full title: THOMAS KELSEY, III, Appellant, v. STATE OF FLORIDA, Appellee.

Court: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Nov 4, 2020

307 So. 3d 974 (Fla. Dist. Ct. App. 2020)

Opinion

No. 1D19-2665

11-04-2020

Thomas KELSEY, III, Appellant, v. STATE of Florida, Appellee.

Andy Thomas, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Andy Thomas, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

Per Curiam.

The judgment and sentence underlying this appeal are affirmed. The trial court, however, orally pronounced that early termination of probation was prohibited, which is impermissible and hereby stricken. See Capehart v. State , 202 So. 3d 958 (Fla. 1st DCA 2016). Because "this pronouncement was not reduced to writing, there is no need to remand for correction of the judgment and sentence or the order of probation." Id.

AFFIRMED.

Makar, Bilbrey, and Nordby, JJ., concur.