JUAN ANTONIO BRACERO, JR.
v.
STATE OF FLORIDA
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The revocation of community control is affirmed, but the revocation order must be corrected to reflect that the defendant violated one condition only once, not three times as the order stated.
[1] A trial court's order revoking community control may be affirmed even if it contains an error in the number of violations of a specific condition, provided the error is c…
[2] A defendant's motion under Florida Rule of Criminal Procedure 3.800 may prompt a trial court to enter an order that is subject to appeal.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“At the revocation hearing, the State presented evidence that Mr. Bracero violated condition nineteen on only one occasion.”
The court noted that despite the trial court's order stating three violations of condition nineteen, the evidence presented at the hearing established only one violation.
Bracero was accused of violating conditions sixteen and nineteen of his community control. At the revocation hearing, the State presented evidence of …
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CASANUEVA, Judge.
Juan Antonio Bracero, Jr. appeals an order finding that he violated the terms of his community control and his resulting sentence. Mr. Bracero was accused of violating conditions sixteen and nineteen of his community control. We affirm the revocation of Mr. Bracero's community control and his sentence without discussion.
The trial court's order correctly reflects that Mr. Bracero violated condition sixteen on one occasion. However, as the State properly concedes, the trial court's order incorrectly states that Mr. Bracero violated condition nineteen on three separate occasions. At the revocation hearing, the State presented evidence that Mr. Bracero violated condition nineteen on only one occasion.1 We therefore remand this case for the trial court to enter a new revocation order that correctly reflects that Mr. Bracero violated condition nineteen of his community control on one occasion.
Revocation and sentence affirmed; cause remanded for correction of revocation order. VILLANTI and SLEET, JJ., Concur. 1Mr. Bracero had filed a motion pursuant to Florida Rule of Criminal Procedure 3.800 noting that the order revoking his community control failed to state which conditions of community control he was found to have violated. In his motion, Mr. Bracero incorrectly asserted that he was orally found guilty of three violations of condition nineteen. Based on this motion, the trial court entered the order on appeal.