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Ned v. State

District Court of Appeal of Florida, Second District
Jul 25, 1997
696 So. 2d 1365 (Fla. Dist. Ct. App. 1997)

Opinion

Case Nos. 96-00405 96-00439

Opinion filed July 25, 1997.

Appeal from the Circuit Court for Hendry County; Franklin G. Baker, Judge.

James Marion Moorman, Public Defender, and Julius J. Aulisio, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Stephen D. Ake, Assistant Attorney General, Tampa, for Appellee.


Brutus Ned, III, appeals the revocation of his community control in three circuit court cases. The State presented sufficient evidence to support the revocations of community control and, therefore, we affirm. However, we remand the case to the trial court to enter a written order specifying the community control conditions that Ned violated.See Coley v. State, 479 So.2d 277 (Fla. 2d DCA 1985).

Although we affirm the revocations, we reverse the sentences imposed and remand for resentencing. When Ned disputed the prior convictions on his sentencing guidelines scoresheet, the court failed to require the State to produce corroborating evidence. The State concedes this was error. See Johnson v. State, 583 So.2d 386 (Fla. 1st DCA 1991). On remand, the State shall be given an opportunity to corroborate the challenged convictions.

Revocations of community control affirmed, remanded for entry of written order, sentences reversed and remanded for resentencing.

SCHOONOVER, A.C.J., and FULMER, J., Concur.


Summaries of

Ned v. State

District Court of Appeal of Florida, Second District
Jul 25, 1997
696 So. 2d 1365 (Fla. Dist. Ct. App. 1997)
Case details for

Ned v. State

Case Details

Full title:BRUTUS NED, III, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 25, 1997

Citations

696 So. 2d 1365 (Fla. Dist. Ct. App. 1997)

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