JOHN MCDUFFIE MCNEIL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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We affirm the Order of Revocation of Community Control and the Amended Order of Judgment and Sentence.1 However, because the Amended Order of Judgment and Sentence erroneously reflects that Appellant pled no contest to the community control violations, when in fact he pled not guilty and was found guilty fol*1108lowing an evidentiary hearing, we remand for the entry of a corrected amended order of judgment and sentence reflecting that Appellant pled not guilty to and was found guilty of violating community control. See Enno v. State, 59 So.3d 149, 149-50 (Fla. 1st DCA 2011) (affirming the judgment, order of revocation of community control, and sentences for violation of community control; noting that the judgment and the revocation order erroneously reflected that the appellant had admitted to the violations and pled nolo contendere; and remanding for the entry of a corrected judgment and a corrected revocation order reflecting that the appellant was tried and found guilty of violating community control).
AFFIRMED and REMANDED with directions.
LEWIS, C.J., RAY and KELSEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Romano v. State, 205 So. 3d 828 (Fla. 2d DCA 2016)…s.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 prison followed by five years’ probation, and such sentences…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Enno v. State, 59 So. 3d 149 (Fla. 1st DCA 2011)