ERIC KEITH GIVENS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
THREADGILL, Chief Judge.
Erie Keith Givens challenges the revocation of his community control for failure to successfully complete an in-patient drug treatment program. The state presented sufficient evidence to establish that the violation was willful and substantial. We affirm the revocation.
The record on appeal does not, however, contain a formal order of revocation of community control. We remand and direct the trial court to enter a written order of revocation of community control. Cornett v. State, 506 So. 2d 88 (Fla. 2d DCA 1987); see also Haynes v. State, 571 So. 2d 1380 (Fla. 2d DCA 1990). The appellant need not be present.
Affirmed; remanded.
PARKER and WHATLEY, JJ., concur.
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Windom v. State, 886 So. 2d 915 (Fla. 2004)…tate, 841 So. 2d 576, 577 (Fla. 4th DCA 2003); House v. State, 696 So. 2d 515, 518 n. 8 (Fla. 4th DCA 1997); Gantorius v. State, 693 So. 2d 1040, 1042 n. 2 (Fla. 3d DCA 1997); Logan v. State, 666 So. 2d 260, 262 (Fla. 4th DCA 1996); State v. Kamins, 666 So. 2d 235, 236 n. 1 (Fla. 4th DCA 1996). . Justice Shaw also mentioned Teague in his separate opinion in Bottoson. 833 So. 2d at 711. . See Sepulveda v. United States, 330 F. 3d 55, 60 (1st Cir.2003); Coleman v. United States, 329 F. 3d 77, 90 (2d Cir.), ce…
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Harvard v. State, 756 So. 2d 1043 (Fla. 2d DCA 2000)…the revocation was proper. However, because the record does not contain a written order of revocation, we remand to the trial court for entry of a written order of revocation. See Cornett v. State, 506 So. 2d 88 (Fla. 2d DCA 1987); Givens v. State, 666 So. 2d 235 (Fla. 2d DCA 1995). Remanded with directions. CAMPBELL, A.C.J., and THREADGILL and STRINGER, JJ., Concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).…
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Carvell Curry v. State, 843 So. 2d 969 (Fla. 1st DCA 2003)…revocation of community control, we remand to the trial court for entry of a written order of revocation. See Harvard v. State, 766 So. 2d 1043, 1043 (Fla. 2d DCA 2000), citing Cornett v. State, 506 So. 2d 88 (Fla. 2d DCA 1987), and Givens v. State, 666 So. 2d 235 (Fla. 2d DCA 1995). AFFIRMED. KAHN, VAN NORTWICK and BROWNING, JJ. CONCUR.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Haynes v. State, 571 So. 2d 1380 (Fla. 2d DCA 1990)
- Cornett v. State, 506 So. 2d 88 (Fla. 2d DCA 1987)