Opinion
Case No. 5D19-114
05-24-2019
LENA R. WHITE, Appellant, v. STATE OF FLORIDA, Appellee.
James S. Purdy, Public Defender, and Danielle R. Rufai, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appeal from the Circuit Court for Brevard County, Robin C. Lemonidis, Judge. James S. Purdy, Public Defender, and Danielle R. Rufai, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM.
We affirm, without further discussion, the judgment and sentence imposed by the trial court following Appellant's plea to violating her probation. However, we remand for the entry of a proper written order revoking Appellant's probation that specifies the conditions of probation that Appellant was found to have violated. See Mendenhall v. State, 233 So. 3d 1288, 1288 (Fla. 5th DCA 2018) (noting that court minutes listing the conditions of probation orally found by the court to have been violated by a defendant are not a substitute for a proper revocation order because court minutes and the minute book entries are specifically excluded from the definition of a court order under Florida Rule of Appellate Procedure 9.020(f)).
We also remand for correction of a clerical error in Appellant's scoresheet to reflect that her primary offense designated in the scoresheet is actually a second-degree felony, and not a third-degree felony as presently stated.
AFFIRMED; REMANDED for entry of written order of revocation of probation and correction of clerical error in scoresheet. COHEN, LAMBERT, and EISNAUGLE, JJ., concur.