RONALD LEE CRAIG, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2006-01-25
No. 3D04-125
Before GREEN, SHEPHERD, and SUAREZ, JJ.
921 So. 2d 37 Florida District Court of Appeal, Third District (2006) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We find no merit to the appellant’s contention that the trial court abused its discretion in denying his motion for a Nelson1 hearing where the record reflects that he was represented by privately retained counsel. See Branch v. State, 685 So. 2d 1250, 1252 (Fla.1996)(holding that Nelson was inapplicable where defendant’s lawyer was not court-appointed). We likewise find no merit to appellant’s remaining challenges to the revocation of his community control and affirm the same. We do, however, agree, as properly conceded by the State, that this case must be remanded to the trial court solely for the entry of a written order of revocation in accordance with its oral pronouncements. See Manito v. State, 791 So. 2d 1255 (Fla. 3d DCA 2001); Allen v. State, 780 So. 2d 346 (Fla. 3d DCA 2001); McCloud v. State, 653 So. 2d 453 (Fla. 3d DCA 1995); Manuel v. State, 564 So. 2d 291 (Fla. 3d DCA 1990). For this task, appellant’s presence is not required.

Affirmed, but remanded in part with directions.

. Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973).


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  • Craig v. State, 45 So. 3d 1 (Fla. 3d DCA 2010)
    …r 5, 2003, the trial court found that Craig had violated his community control sentence and sentenced him to ten years in state prison to be served concurrently with credit for time served. This sentence was affirmed by this Court in Craig v. State, 921 So. 2d 37 (Fla. 3d DCA 2006), review denied, 934 So. 2d 449 (Fla.2006). On December 26, 2003, Craig filed a motion for post-conviction relief claiming that: (1) his plea was involuntary because he was impaired by medication; (2) the trial court misadvised hi…

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