Phillips v. State

Full title: MICHAEL PHILLIPS, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: Mar 28, 2012

Case No. 2D10-5190 (Fla. Dist. Ct. App. Mar. 28, 2012)

Opinion

Case No. 2D10-5190

03-28-2012

MICHAEL PHILLIPS, Appellant, v. STATE OF FLORIDA, Appellee.

James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.

VILLANTI

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

Appeal from the Circuit Court for Charlotte

County; Alane C. Laboda, Judge.

James Marion Moorman, Public Defender,

and Bruce P. Taylor, Assistant Public

Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General,

Tallahassee, and Susan D. Dunlevy,

Assistant Attorney General, Tampa, for

Appellee.
VILLANTI, Judge.

Michael Phillips appeals the revocation of his probation and the sentence imposed upon revocation. We affirm the revocation of Phillips' probation and the sentence imposed after the trial court granted Phillips' motion to correct sentencing error filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). However, the written order of revocation incorrectly states that Phillips admitted to the violation of his probation. On remand, the trial court shall enter a corrected order of revocation reflecting that Phillips was found to have violated his probation after an evidentiary hearing.

Affirmed but remanded with directions. DAVIS and CRENSHAW, JJ., Concur.