Summary
remanding for entry of formal order revoking probation that listed only the violations that had been admitted
Summary of this case from Rogers v. StateOpinion
Case No. 2D03-2580.
Opinion filed March 10, 2004.
Appeal from the Circuit Court for Hillsborough County, Anthony K. Black, Judge.
James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Jenny Scavino Sieg, Assistant Attorney General, Tampa, for Appellee.
Clifford Pittman appeals a new judgment and sentence entered after the circuit court revoked his probation for driving while license suspended as a habitual offender. Mr. Pittman entered a plea of admission to the violations listed in the affidavit of violation of probation. The circuit court entered a new judgment and sentence indicating that Mr. Pittman had violated probation in this case, thus providing this court with jurisdiction to review the revocation. However, the court did not enter a formal order revoking Mr. Pittman's probation and listing the specific conditions violated. We affirm the revocation, but because there was some confusion at the change of plea hearing, we remand for the circuit court to enter an order revoking probation that specifies that Mr. Pittman admitted violating conditions 1, 2, 3, 5, 8, and 9 of his probation, as charged in the affidavit of violation. Mr. Pittman's admission did not include the new law violation of burglary.
Mr. Pittman's notice of appeal referenced two trial court case numbers: the revocation of probation addressed here and a separate judgment and sentence for burglary. However, Mr. Pittman's brief challenges only the revocation of probation case.
Affirmed but remanded with instructions.
ALTENBERND, C.J., and KELLY and VILLANTI, JJ., Concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED