JOSE MARIA MEDINA
v.
STATE OF FLORIDA

Fla. 2d DCA | 2022-03-11
No. 21-1146
328 So. 3d 320 Florida District Court of Appeal, Second District (2022) Positive Treatment
Cited by 1 case
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Revocation Of Community Control Evidentiary Hearing

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Opinion of the Court
Stargel

ROTHSTEIN-YOUAKIM, Judge. Jose Maria Medina appeals the order revoking his community control and his resulting sentence.

We affirm on the merits without comment but note that the revocation order incorrectly indicates that Medina admitted guilt when the State established his guilt at an evidentiary hearing. The order also indicates that Medina admitted guilt "as to violating ALL conditions, as stated in" the November 3, 2020, violation affidavit, but that affidavit alleged only a single violation of Condition (5) of the community control order.

Accordingly, we remand for the trial court to correct the revocation order to reflect that Medina was found to have committed a single violation of Condition (5) after his guilt was established at an evidentiary hearing. See Baker v. State, 328 So. 3d 320, 321 (Fla. 2d DCA 2021). In addition, as Medina argues and the State concedes, a duplicative judgment was entered in error.

Therefore, on remand, the trial court shall also vacate the April 21, 2021, judgment of guilt for the underlying offense of aggravated assault because the court previously adjudicated Medina guilty of that offense on July 9, 2019. See Byra v. State, 268 So. 3d 207, 208 (Fla. 2d DCA 2019).

Affirmed; remanded with instructions. LaROSE and STARGEL, JJ., Concur. Opinion subject to revision prior to official publication.

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  • Medina v. State, 328 So. 3d 320 (Fla. 2d DCA 2022)
    …order. Accordingly, we remand for the trial court to correct the revocation order to reflect that Medina was found to have committed a single violation of Condition (5) after his guilt was established at an evidentiary hearing. See Baker v. State, 328 So. 3d 320, 321 (Fla. 2d DCA 2021). In addition, as Medina argues and the State concedes, a duplicative judgment was entered in error. Therefore, on remand, the trial court shall also vacate the April 21, 2021, judgment of guilt for the underlying offense of…

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