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Wamsley v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
May 1, 2020
293 So. 3d 1130 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 5D19-3773

05-01-2020

Jonathan Robert WAMSLEY, Appellant, v. STATE of Florida, Appellee.

James S. Purdy, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.


James S. Purdy, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders appeal, Jonathan Robert Wamsley challenges the judgment and sentence imposed by the trial court following his violation of probation trial. Having reviewed the record, we affirm, without further discussion, except that we remand for the entry of a proper order revoking Wamsley's probation.

At the conclusion of the trial, the court sentenced Wamsley to serve 84.15 months in prison after it orally announced that it was revoking Wamsley's probation based on the Condition 5 violations that the court found had been sufficiently proven by the State. However, the written order thereafter entered by the court is titled "Order of Modification/Restoration of Probation," and it does not actually reflect that Wamsley's probation was revoked. Accordingly, we direct that the trial court enter a written order revoking Wamsley's probation consistently with its oral pronouncement.

AFFIRMED; REMANDED with directions.

LAMBERT, EDWARDS, and GROSSHANS, JJ., concur.

Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).


Summaries of

Wamsley v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
May 1, 2020
293 So. 3d 1130 (Fla. Dist. Ct. App. 2020)
Case details for

Wamsley v. State

Case Details

Full title:JONATHAN ROBERT WAMSLEY, Appellant, v. STATE OF FLORIDA, Appellee.

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

Date published: May 1, 2020

Citations

293 So. 3d 1130 (Fla. Dist. Ct. App. 2020)