LORRAINE S. BESS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2015-02-18
No. 2D13-4403
ALTENBERND and LaROSE, JJ., Concur.
158 So. 3d 711 Florida District Court of Appeal, Second District (2015) Positive Treatment
Cited by 4 cases
Opinion of the Court
MORRIS, Judge.

MORRIS, Judge.

Lorraine Bess appeals the revocation of her community control for the offense of lewd sexual battery and her resulting prison sentence of 130.5 months. We affirm the revocation and sentence without comment, but we remand for the trial court to enter a corrected order of revocation. The order of revocation entered on September 12, 2013, incorrectly states that Bess violated condition 28 and that she admitted the violation. The trial court shall enter a corrected order of revocation that lists the accurate condition violated (condition 29) and that accurately reflects that Bess did not admit the violation but was found in violation after an evidentiary hearing.

Affirmed; remanded.

ALTENBERND and LaROSE, JJ., Concur.

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Cited By

  • Romano v. State, 205 So. 3d 828 (Fla. 2d DCA 2016)
    …licable). Regarding the second issue Romano raised in his.rule 3.800(b) motion, he is entitled to have the trial court enter a corrected order of revocation .reflecting that he was found in violation after an evidentiary hearing. See Bess v. State, 158 So. 3d 711, 712 (Fla. 2d DCA 2015); McNeil v. State, 183 So. 3d 1107, 1108 (Fla. 1st DCA 2015). We also point out a sentencing issue that Romano may wish to raise in a postconviction motion. Romano was sentenced to concurrent sentences of thirteen years in pr…
  • Alain Rodriguez-Roig v. State (Fla. 2d DCA 2023)
    …the order should be corrected to reflect that the trial court found that Rodriguez-Roig violated one count of condition five of his probation after an evidentiary hearing. See Romano v. State, 205 So. 3d 828, 829 (Fla. 2d DCA 2016); Bess v. State, 158 So. 3d 711, 712 (Fla. 2d DCA 2015). Rodriguez-Roig preserved this issue by filing a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b). Affirmed; remanded. KHOUZAM, MORRIS, and BLACK, JJ., Concur. Opinion subject to rev…
  • Alain Rodriguez-Roig v. State (Fla. 2d DCA 2023)
    …the order should be corrected to reflect that the trial court found that Rodriguez-Roig violated one count of condition five of his probation after an evidentiary hearing. See Romano v. State, 205 So. 3d 828, 829 (Fla. 2d DCA 2016); Bess v. State, 158 So. 3d 711, 712 (Fla. 2d DCA 2015). Rodriguez-Roig preserved this issue by filing a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b). Affirmed; remanded. KHOUZAM, MORRIS, and BLACK, JJ., Concur. Opinion subject to rev…

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