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Sherrell v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Apr 21, 2017
215 So. 3d 661 (Fla. Dist. Ct. App. 2017)

Opinion

Case No. 5D16–3337

04-21-2017

Kamari SHERRELL, Appellant, v. STATE of Florida, Appellee.

James S. Purdy, Public Defender, and Andrew Mich, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.


James S. Purdy, Public Defender, and Andrew Mich, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Kamari Sherrell appeals the trial court's order revoking his probation. Although the trial court orally pronounced that Sherrell violated conditions 6 and 7, its order does not state in writing the conditions that Sherrell violated. We find that competent, substantial evidence supports the trial court's oral findings which, if written, would "have been adequate to sustain the trial court's conclusion of a willful and substantial violation." Patt v. State , 876 So.2d 1278 (Fla. 5th DCA 2004). Accordingly, we affirm the trial court's order revoking Sherrell's probation, but we remand for the entry of a proper adjudication order identifying which conditions Sherrell violated.

AFFIRMED and REMANDED with Instructions.

COHEN, C.J., EVANDER, and WALLIS, JJ., concur.


Summaries of

Sherrell v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Apr 21, 2017
215 So. 3d 661 (Fla. Dist. Ct. App. 2017)
Case details for

Sherrell v. State

Case Details

Full title:KAMARI SHERRELL, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Apr 21, 2017

Citations

215 So. 3d 661 (Fla. Dist. Ct. App. 2017)