VANCE GARY GETTIS
v.
STATE OF FLORIDA
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A trial court's oral finding that a defendant is a violent felony offender of special concern is valid, but the court must enter a written order conforming to its oral pronouncements as required by section 948.06(8)(e)1, Florida Statutes.
[1] A trial court's oral finding that a defendant is a violent felony offender of special concern satisfies the substantive requirements for such a designation, but section 9…
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Join FLexlaw to unlock all legal intelligenceVance Gary Gettis appealed the revocation of his probation. The trial court orally found Gettis to be a violent felony offender of special concern but…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D18-2587 _____________________________
VANCE GARY GETTIS,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Okaloosa County. Michael A. Flowers, Judge.
February 3, 2020
PER CURIAM.
Vance Gary Gettis challenges the revocation of his probation. We affirm the revocation and sentence which followed, but remand the cause for entry of a written order.
In revoking probation, the trial court orally found Gettis is a violent felony offender of special concern. Section 948.06(8)(e)1, Florida Statutes (2015), requires a trial court to make a written finding that violent felony offender of special concern poses a danger to the community. Because the trial court articulated a valid ground for designating Gettis as a violent felony offender of special concern, we affirm but remand for entry of a written order that conforms to its oral pronouncements. See Glenn v. State, 219 So. 3d 1010 (Fla. 1st DCA 2017); Arnone v. State, 204 So. 3d 556
2
(Fla. 4th DCA 2016); Bell v. State, 150 So. 3d 1214 (Fla. 5th DCA 2014); Martin v. State, 87 So. 3d 813 (Fla. 2d DCA 2012).
AFFIRMED and REMANDED. ROBERTS, BILBREY, and WINOKUR, JJ., concur.
_____________________________
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; Vance Gary Gettis, pro se.
Ashley Moody, Attorney General, and Robert “Charlie” Lee, Assistant Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Arnone v. State, 204 So. 3d 556 (Fla. 4th DCA 2016)
- Martin v. State, 87 So. 3d 813 (Fla. 2d DCA 2012)
- Bell v. State, 150 So. 3d 1214 (Fla. 5th DCA 2014)