JIHAD KIRAN ELVY
v.
STATE OF FLORIDA

Fla. 5th DCA | 2024-08-23
No. 2023-3546
Tatti, J., Makar, J., Jay, J., Soud, J.
2024 FL 10408 Florida District Court of Appeal, Fifth District (2024)

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Holding

The trial court's imposition of $100 for costs of prosecution is affirmed, but the case is remanded for entry of a proper revocation order specifying that the appellant violated conditions three and five of his probation.


Headnotes

[1] A probation revocation order must specify which conditions of probation were violated by the defendant.

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Facts & Procedural History

Jihad Kiran Elvy appealed from a circuit court decision imposing prosecution costs and entering a probation revocation order. The trial court imposed …

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Per_curiam
Per Curiam

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 5D2023-3546 LT Case Nos. 2019-CF-4240-A 2021-CF-2752-A _____________________________

JIHAD KIRAN ELVY,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Marion County. Anthony M. Tatti, Judge.

Matthew J. Metz, Public Defender, and Judson Searcy, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

August 23, 2024

PER CURIAM.

In this criminal appeal, we affirm the trial court’s imposition of $100 for the costs of prosecution. See O’Malley v. State, 378 So. 3d 672, 673 (Fla. 5th DCA 2024); Parks v. State, 371 So. 3d 392, 393–94 (Fla. 1st DCA 2023), review granted, No. SC2023-1355,

2 2024 WL 370043 (Fla. Jan. 31, 2024). However, based on the State’s concession, we remand with directions that the trial court enter a proper revocation order specifying that Appellant violated conditions three and five of his probation. See Collins v. State, 386 So. 3d 1057 (Fla. 5th DCA 2024).

AFFIRMED and REMANDED with directions.

MAKAR, JAY, and SOUD, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________


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