JARROD CHANCELLOR DEVOE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the revocation of Devoe's probation and resulting sentences but remanded for correction of sentencing documents to remove two improperly included possession of cocaine counts that should have been treated as prior record.
A trial court's probation revocation and sentencing are affirmed, but sentencing documents must be corrected to remove possession of cocaine counts that were improperly included as new offenses rather than prior record.
[1] When a defendant's probation for certain offenses has been terminated, those offenses must be reflected as prior record on sentencing documents rather than as additional…
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Join FLexlaw to unlock all legal intelligenceDevoe violated probation in three circuit court cases and had his probation revoked in March 2010. The trial court initially sentenced him but later r…
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We affirm the order revoking Jarrod Chancellor Devoe’s probation and the resulting sentences in three circuit court cases, except that we remand for correction of the amended sentencing documents to delete two possession of cocaine counts.
After multiple violations of probation, Devoe’s probation was revoked in case numbers 04-CF-17906, 05-CF-2716, and 07-CF-4654 in March 2010. After sentencing, the trial court recognized that two possession of cocaine counts had been improperly included because Devoe’s probation for those offenses had been terminated in July 2008. The trial court resen-tenced Devoe with a corrected scoresheet that properly reflected the two possession of cocaine offenses as prior record rather than as additional offenses. However, the amended judgments, the sentences, and the revocation of probation order continue to show the two possession of cocaine counts.
Therefore, we remand for the trial court to correct the amended documents entered on November 3, 2010, and rendered on November 16 and 17, 2010, to delete the offenses of possession of cocaine in count two of case number 04-CF-17906 and count three of case number 05-CF-2716.
Affirmed and remanded for correction of documents.
WALLACE and MORRIS, JJ., Concur.