LARRY BRASWELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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GREEN, Acting Chief Judge.
The defendant, Larry Braswell, asserts that the trial court erred in denying his motion to suppress and in revoking probation. We affirm without comment the trial court’s order denying Braswell’s motion to suppress. However, we reverse the revocation of probation.
The trial judge revoked Braswell’s probation using a memo-of-sentence form, after finding that he committed numerous probation violations. Braswell correctly argues on appeal that the use of a memo of sentence is inadequate to revoke probation. In Monroe v. State, 760 So. 2d 289, 289 (Fla. 2d DCA 2000), this court explained that the use of a memo of sentence or snapout is inadequate to serve as a formal order of revocation. See also Monroe v. State, 784 So. 2d 1163 (Fla. 2d DCA 2001); Grantham v. State, 735 So. 2d 525 (Fla. 2d DCA 1999); Peterson v. State, 730 So. 2d 830 (Fla. 2d DCA 1999). We there fore reverse and remand for entry of a formal written order revoking Braswell’s probation and imposing sentence.
Affirmed in part, reversed in part, and remanded.
CASANUEVA and STRINGER, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Woods v. State, 987 So. 2d 669 (Fla. 2d DCA 2007)…ed. NORTHCUTT, C.J., Concurs. LaROSE, J., Concurs in result only. . See Abridge v. Crow, 903 So. 2d 346 (Fla. 2d DCA 2005); Sutton v. State, 838 So. 2d 616 (Fla. 2d DCA 2003); Gordon v. State, 827 So. 2d 346 (Fla. 2d DCA 2002); Braswell v. State, 804 So. 2d 523 (Fla. 2d DCA 2001); Monroe v. State, 760 So. 2d 289 (Fla. 2d DCA 2000); Grantham v. State, 735 So. 2d 525 (Fla. 2d DCA 1999); Peterson v. State, 730 So. 2d 830 (Fla. 2d DCA 1999); Donley v. State, 557 So. 2d 943 (Fla. 2d DCA 1990). . This practice…
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Akridge v. Crow, 903 So. 2d 346 (Fla. 2d DCA 2005)…cern over the use of snap outs, see generally Heath v. State, 840 So. 2d 307, 308 (Fla. 2d DCA 2003), and the cases cited therein, and have found that they cannot serve as a formal order for the purposes of revoking probation. See Braswell v. State, 804 So. 2d 523 (Fla. 2d DCA 2001). The snap outs in the record in this case, and particularly those that are not signed by a judge, are inadequate to serve as orders requiring the recipient to appear for a hearing. Regardless of whether the snap outs constitute o…
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Sutton v. State, 838 So. 2d 616 (Fla. 2d DCA 2003)…they can cause on appellate review. See Heath v. State, 840 So. 2d 307 (Fla. 2d DCA 2003). Furthermore, as we have also frequently mentioned, a memorandum of sentence cannot serve as a formal order of revocation of probation. See Braswell v. State, 804 So. 2d 523 (Fla. 2d DCA 2001).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Buster Grantham v. State, 735 So. 2d 525 (Fla. 2d DCA 1999)
- Monroe v. State, 760 So. 2d 289 (Fla. 2d DCA 2000)
- Zackery Holiday v. State, 730 So. 2d 830 (Fla. 1st DCA 1999)
- Monroe v. State, 784 So. 2d 1163 (Fla. 2d DCA 2001)