McCoy v. State

Full title: Duane Joseph MCCOY, Jr., Appellant, v. STATE of Florida, Appellee.

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

Date published: Aug 18, 2017

225 So. 3d 947 (Fla. Dist. Ct. App. 2017)

Opinion

Case No. 5D16–3906

08-18-2017

Duane Joseph MCCOY, Jr., Appellant, v. STATE of Florida, Appellee.

James S. Purdy, Public Defender, and Nicole J. Martingano, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

James S. Purdy, Public Defender, and Nicole J. Martingano, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Duane Joseph McCoy, Jr., appeals the trial court's order revoking his probation. We affirm the judgment and sentence without further discussion. However, we note that, although the trial court orally announced the conditions of probation McCoy violated, it did not specify those conditions in its written order. We remand this case to the trial court to enter a corrected order identifying the conditions McCoy violated. See Lewis v. State, 8 So.3d 370, 371 (Fla. 5th DCA 2009) ; Payne v. State, 920 So.2d 742, 743 (Fla. 5th DCA 2006).

AFFIRMED and REMANDED with Instructions.

PALMER, WALLIS and LAMBERT, JJ., concur.