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Smith v. State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Feb 8, 2019
264 So. 3d 1094 (Fla. Dist. Ct. App. 2019)

Opinion

Case No. 2D17-2268

02-08-2019

Lashay Alexander SMITH, Jr., DOC #S24878, Appellant, v. STATE of Florida, Appellee.

Howard L. Dimmig, II, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant. Ashley Brooke Moody, Attorney General, Tallahassee, and Blain A. Goff, Assistant Attorney General, Tampa, for Appellee.


Howard L. Dimmig, II, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant.

Ashley Brooke Moody, Attorney General, Tallahassee, and Blain A. Goff, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

As Lashay Smith argues and the State concedes, the trial court's amended order of revocation of Smith's probation still deviates from the court's oral pronouncement at the revocation hearing concerning the conditions of probation that it found Smith to have violated. Accordingly, although we affirm the revocation of Smith's probation, we remand for the entry of a second amended order of revocation that fully conforms to the trial court's oral pronouncement at the revocation hearing.

Affirmed; remanded with directions.

SILBERMAN, BLACK, and ROTHSTEIN-YOUAKIM, JJ., Concur.


Summaries of

Smith v. State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Feb 8, 2019
264 So. 3d 1094 (Fla. Dist. Ct. App. 2019)
Case details for

Smith v. State

Case Details

Full title:LASHAY ALEXANDER SMITH, JR., DOC #S24878, Appellant, v. STATE OF FLORIDA…

Court:DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: Feb 8, 2019

Citations

264 So. 3d 1094 (Fla. Dist. Ct. App. 2019)