JOSEPH JOSHUA HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the revocation of probation and resulting sentence. However, we remand for entry of a written order of revocation specifying the conditions appellant was found to have violated. See, e.g., Riley v. State, 884 So. 2d 1038 (Fla. 4th DCA 2004). Although a substitute judge entered an order of revocation and also an order of probation subsequent to the filing of the notice of appeal, the court was without jurisdiction to do so at the time. See Kosa v. State, 923 So. 2d 1285 (Fla. 4th DCA 2006) (holding that trial court lacked jurisdiction to enter final restitution order nunc pro tunc to an initial restitution order because once a notice of appeal is filed, exclusive jurisdiction of the matter is before the district court of appeal). We also note that neither order is consistent with the oral pronouncements of the presiding judge at the revocation proceedings.
WARNER, POLEN and HAZOURI, JJ., concur.
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In the Interest of T.H. v. Dep't of Child. & Fam. Servs. & Melinda Barnes, 979 So. 2d 1075 (Fla. 2d DCA 2008)….806(l)(e)(2) because the Father took no steps toward completing his case plan tasks while he was not incarcerated, citing T.C. v. Department of Children & Families, 961 So. 2d 1060 (Fla. 4th DCA 2007), and W.S. v. Department of Children & Families, 961 So. 2d 1131 (Fla. 4th DCA 2007). However, those cases are distinguishable. In both T.C. and W.S., the record showed that the parents were not incarcerated for periods of time after their case plans had been accepted, and yet they did not take advantage of the D…
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In the Interest of D.J. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program, 9 So. 3d 750 (Fla. 2d DCA 2009)…578 (Fla. 5th DCA 2006); R.S. v. Dep’t of Children & Families, 872 So. 2d 412, 413 (Fla. 4th DCA 2004). However, when the issue is tried by implied consent, these due process concerns are alleviated. See, e.g., W.R. v. Dep’t of Children & Families, 961 So. 2d 1131, 1132 (Fla. 4th DCA 2007); K.S., 940 So. 2d at 578. Implied consent arises when arguments and evidence are presented on the issue without objection by the opposing party. W.S., 961 So. 2d at 1132; K.S., 940 So. 2d at 578. For example, in W.S., the…
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Guelmer J. Escobar v. State, 189 So. 3d 1029 (Fla. 4th DCA 2016)…tence that resulted from the revocation of the defendant’s probation. We find no [*1030] basis for reversal, but the ease provides us ■with an opportunity to address a jurisdictional issue, and to recede in part from our decision in Harris v. State, 961 So. 2d 1131 (Fla. 4th DCA 2007). In 2010, the defendant entered a plea to aggravated battery with great bodily harm. The trial court sentenced him to four years’ imprisonment followed by three years’ probation. ■ Within the first year of his probation, his sup…
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- Riley v. State, 884 So. 2d 1038 (Fla. 4th DCA 2004)
- Kosa v. State, 923 So. 2d 1285 (Fla. 4th DCA 2006)