KURTIS BARNES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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POLEN, J.
Appellant Kurtis Barnes timely appeals the revocation of probation for possession of cocaine with intent to deliver and sentence of fifteen years in Florida state prison.
Barnes argues that the amendment of the date of the crime, coming as it did in the middle of the hearing, was substantial and prejudicial. Barnes claims he is entitled to a new hearing as his right to a fair hearing was violated. We affirm on that issue but remand with instructions to enter a written order specifying the conditions of probation which Barnes was found to have violated and which conforms to the court’s oral declarations. See Moss v. State, 617 So. 2d 473 (Fla. 4th DCA 1993); Madoses v. State, 511 So. 2d 1132 (Fla. 4th DCA 1987); Jordan v. State, 489 So. 2d 224 (Fla. 2d DCA 1986).
Affirmed and Remanded with instructions.
KLEIN and MAY, JJ., concur.
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Ahmar Rashar Porter v. State, 984 So. 2d 1280 (Fla. 1st DCA 2008)…motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 directed Appellant to refile his motion to correct a deficient claim. Therefore, the trial court’s order is a non-appealable, nonfinal order. Kelly v. State, 969 So. 2d 1159 (Fla. 4th DCA 2007); Lee v. State, 939 So. 2d 154 (Fla. 1st DCA 2006). DISMISSED. ALLEN, DAVIS, and HAWKES, JJ., concur.…
Authorities Cited
- Lawrence v. Cent. Plaza Bank & Tr. Co., 489 So. 2d 224 (Fla. 2d DCA 1986)
- Ronol Mendoza Madoses v. State, 511 So. 2d 1132 (Fla. 4th DCA 1987)
- Moss v. State, 617 So. 2d 473 (Fla. 4th DCA 1993)