FREDERICK MICHAEL JOHNSON
v.
STATE OF FLORIDA

Fla. 2d DCA | 2021-03-31
No. 19-1186
Nash, J., Khouzam, C.J., Lucas, J., Stargel, J.
Florida District Court of Appeal, Second District (2021)

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Holding

A trial court must render written findings supporting a VFOSC designation, even when it has made detailed oral findings on the record.


Headnotes

[1] A trial court must render written findings supporting a Violent Felony Offender of Special Concern designation as required by section 948.06(8)(e), Florida Statutes, even…

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Facts & Procedural History

Frederick Johnson was on community control when the trial court revoked it and sentenced him as a Violent Felony Offender of Special Concern (VFOSC). …

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Opinion of the Court
Khouzam

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

FREDERICK MICHAEL JOHNSON, ) ) Appellant, ) ) v. ) Case No. 2D19-1186 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed March 31, 2021. Appeal from the Circuit Court for Hillsborough County; Christopher C. Nash, Judge. Howard L. Dimmig, II, Public Defender, and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Chelsea N. Simms, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Frederick Johnson appeals an order revoking his community control and sentencing him as a Violent Felony Offender of Special Concern (VFOSC). We affirm the revocation and sentence. However, while the trial court made detailed oral findings

that Mr. Johnson posed a threat to the community prior to adjudicating him a VFOSC, it failed to render those findings in writing as required by section 948.06(8)(e), Florida Statutes (2019). Accordingly, we remand for the trial court to make written findings conforming with its oral pronouncement. See McCray v. State, 282 So. 3d 158, 162 (Fla. 2d DCA 2019). Affirmed; remanded with instructions. KHOUZAM, C.J., and LUCAS and STARGEL, JJ., Concur.


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