RODNEY TURNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In this direct criminal appeal, appellant contends that the trial court lacked jurisdiction to revoke his community control and sentence him to a term of twelve years’ imprisonment. The State properly concedes error. See State v. Boyd, 717 So. 2d 524, 525 (Fla.1998); Tatum v. State, 24 Fla. L. Weekly D1261, 736 So. 2d 1214, 1999 WL 331928 (Fla. 1st DCA 1999); Hoffman v. State, 729 So. 2d 421, 422 (Fla. 1st DCA 1999). We therefore reverse and remand with directions that the order revoking appellant’s community control as well as the judgment and sentence entered subsequent thereto be vacated; that the affidavit alleging a violation of appellant’s community control be dismissed; and that appellant be immediately discharged.
BOOTH and BENTON, JJ., and SMITH, LARRY G., Senior Judge, concur.
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Hughes v. State, 819 So. 2d 815 (Fla. 1st DCA 2002)…irm. First, to the extent that the trial court erred by allowing the prosecutor to make references to the alleged failed results of Appellant’s voice stress test, it was [*816] harmless error because of Appellant’s admissions. See Carter v. State, 737 So. 2d 626, 627 (Fla. 1st DCA 1999)(concluding that “any error in that regard was clearly harmless in light of appellant’s admission”). On the second issue, we agree with Appellant that the trial court’s findings were insufficient to satisfy the requirements…
Authorities Cited
- Shiver v. State, 717 So. 2d 524 (Fla. 1998)
- Jarod H. Hoffman v. State, 729 So. 2d 421 (Fla. 1st DCA 1999)
- Tatum v. State, 736 So. 2d 1214 (Fla. 1st DCA 1999)