TRAVIS DEAN SESCO
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-10-18
No. 18-0725
Simon, J., Wolf, J., Lewis, J., Rowe, J.
254 So. 3d 1196 Florida District Court of Appeal, First District (2018) Positive Treatment
Cited by 3 cases

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Holding

Probation revocation is affirmed, but the trial court must enter a corrected order specifying that revocation was based solely on the new law offenses of driving while license suspended, battery on a law enforcement officer, and resisting officer without violence.


Headnotes

[1] A probation revocation order must be corrected to reflect the trial court's oral pronouncement when the written order does not accurately specify the violations upon whic…

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Facts & Procedural History

Appellant Sesco's probation was revoked by the trial court. The trial court's oral pronouncement indicated revocation was based on three specific new …

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Opinion of the Court
Rowe

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-0725 _____________________________

TRAVIS DEAN SESCO,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Santa Rosa County. John F. Simon, Judge.

October 18, 2018

PER CURIAM.

In this appeal pursuant to Anders v. California, 386 U.S. 738 (1967), we affirm the revocation of Appellant’s probation and the resulting judgment and sentence. However, we remand for the trial court to enter a corrected order of revocation of probation reflecting, consistent with its oral pronouncement, that the revocation was based only on the new law offense violations of driving while license suspended, battery on a law enforcement officer, and resisting officer without violence. See Werley v. State, 208 So. 3d 832 (Fla. 1st DCA 2017). Appellant need not be present. WOLF, LEWIS, and ROWE, JJ., concur.

2

_____________________________

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

Andy Thomas, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.


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