HIRAM MARSHALL
v.
STATE OF FLORIDA
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The revocation of community control and ensuing sentence are affirmed, but the duplicative written judgment of guilt must be vacated.
[1] A duplicative written judgment of guilt must be vacated even when the underlying revocation of community control and sentence are affirmed.
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Join FLexlaw to unlock all legal intelligence“We affirm the order of revocation of community control and the ensuing sentence. However, we remand for vacatur of the duplicative written judgment of guilt that was entered on May 30, 2019.”
The court's disposition of the appeal
Marshall was subject to community control. The trial court revoked his community control and imposed a sentence. A duplicative written judgment of gui…
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
HIRAM MARSHALL, ) ) Appellant, ) ) v. ) Case No. 2D19-2202 ) STATE OF FLORIDA, ) ) Appellee. ) ________________________________ ) Opinion filed September 23, 2020. Appeal from the Circuit Court for Polk County; Mark F. Carpanini, Judge. Howard L. Dimmig, II, Public Defender, and Richard Sanders, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and James Hellickson, Assistant Attorney General, Tampa, for Appellee.
PER CURIAM.
We affirm the order of revocation of community control and the ensuing sentence. However, we remand for vacatur of the duplicative written judgment of guilt that was entered on May 30, 2019. See Schaufler v. State, 255 So. 3d 929, 929 (Fla. 2d DCA 2018).
Affirmed; remanded with instructions. KHOUZAM, C.J., and NORTHCUTT and KELLY, JJ., Concur.