XAVIER GONZALEZ REYES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Xavier Gonzalez Reyes appeals the judgment and sentence entered after the trial court revoked his probation. We affirm the revocation of probation. We agree with Mr. Reyes that the trial court incorrectly identified the condition of probation he violated. The trial court found that he violated the condition of probation requiring him to submit to random urinalyses as directed by his probation officer. Although this condition is listed as number 11 in the order of probation, the trial court found him in violation of condition 5. On remand, the trial court should correct the written order to reflect that Mr. Reyes violated condition 11. See Murray v. State, 692 So.2d 965 (Fla. 2d DCA 1997).
Accordingly, we affirm the revocation of probation and resultant sentence, but we remand for the trial court to correct the written order.
ALTENBERND, VILLANTI, and KHOUZAM, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rogers v. State, 44 Fla. L. Weekly D2951 (Fla. 5th DCA 2020)…ude two of the conditions that Rogers did admit to having violated. Accordingly, we remand for the trial court to enter an amended order of revocation reflecting the correct conditions of community control that Rogers violated. See Reyes v. State, 44 So. 3d 216, 216 (Fla. 2d DCA 2010) (affirming revocation of probation and resultant sentence, but remanding for the trial court to correct the written order to accurately reflect the condition of probation violated). Second, in case number 2017-304677-CF, the…1 / 2
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Rogers v. State (Fla. 5th DCA 2020)
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Register v. State (Fla. 5th DCA 2020)
Authorities Cited
- J.D. Murray v. State, 692 So. 2d 965 (Fla. 2d DCA 1997)
- Stephen "Steve" Primacio v. State, 692 So. 2d 965 (Fla. 2d DCA 1997)