JOSE N. VAZQUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SALCINES, Judge.
Jose N. Vazquez appeals from an amended sentence and order modifying his probation. We dismiss this appeal because Vazquez raises an issue which is rendered moot by the fact that he has served his sentence in its entirety and is no longer on probation. See Williams v. State, 549 So. 2d 734 (Fla. 2d DCA 1989).
In order to prevent confusion in any future proceedings, however, we note that the amended sentence contains a scrivener’s error. In sentencing Vazquez, the trial court withheld adjudication. The amended sentence incorrectly reflects that Vazquez was “adjudged guilty.”
Dismissed as moot.
NORTHCUTT and LaROSE, JJ., Concur.
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Miller v. State, 79 So. 3d 209 (Fla. 1st DCA 2012)…the first Miller case, the revocation was based on facts supported by nothing more than hearsay. Since Mr. Miller has already served his sentence, however, the question is moot, and we have no choice but to dismiss the appeal. See Vazquez v. State, 930 So. 2d 860, 861 (Fla. 2d DCA 2006) (dismissing as moot appeal of amended sentence and order modifying probation where appellant had served sentence in its entirety and was no longer on probation). Dismissed. ROWE and RAY, JJ., concur. . But see Abbey v. Sta…
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Kirk v. State, 45 Fla. L. Weekly D2011 (Fla. 5th DCA 2020)…., dissenting. I respectfully dissent. Appellant has served her sentence and is no longer on probation. Accordingly, her appeal is moot, and we should dismiss it. See Miller v. State, 79 So. 3d 209, 211 (Fla. 1st DCA 2012) (citing Vazquez v. State, 930 So. 2d 860, 861 (Fla. 2d DCA 2006)). 6…
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D.D. v. State, 69 So. 3d 1084 (Fla. 2d DCA 2011)…PER CURIAM. Dismissed as moot. See Vazquez v. State, 930 So. 2d 860 (Fla. 2d DCA 2006). CASANUEVA, CRENSHAW, and MORRIS, JJ., Concur.…
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- Williams v. State, 549 So. 2d 734 (Fla. 2d DCA 1989)