FRANCE ETIENNE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Violation Of Community Control cases and more on FLexlaw
France Etienne appeals from the denial of his motion to correct sentencing error filed pursuant to Florida Rule of Criminal Procedure 3.800(b). Etienne entered an admission to charges that he violated his community control and was sentenced to sixty months in the Department of Corrections as a youthful offender. Finding no error, we affirm.
The plea and discussion during the course of the sentencing hearing are clear that the basis for the violation of community control was being “out of place,” a violation of condition eleven,1 rather than the new substantive violations alleged in the affidavit of violation of community control. However, the sentencing order inadvertently omitted reference to the specific condition violated. See Manís v. State, 80 So.3d 586 (Fla. 5th DCA 2010). On remand, the trial court shall enter an amended order reflecting a violation of condition eleven.
AFFIRMED; REMANDED FOR ENTRY OF AMENDED ORDER.
ORFINGER, C.J., and MONACO, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jones v. State, 96 So. 3d 1122 (Fla. 5th DCA 2012)…the revocation of Appellant’s probation and the imposed sentence. However, on remand, the trial court shall correct several scrivener’s errors. The order revoking Appellant’s probation must specify the specific conditions violated. Etienne v. State, 82 So. 3d 1187 (Fla. 5th DCA 2012). Further, the scoresheet must be corrected to delete the twelve points assessed under section 948.06(8), Florida Statutes (2011). The trial court removed Appellant’s designation as a Violent Felony Offender of Special Concern, bu…