XAVIER SCOTT
v.
STATE OF FLORIDA
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The Florida Fourth District Court of Appeal affirmed the revocation of Xavier Scott's community control and his sentences for failing to register as a sex offender. However, the court remanded the case for the trial court to issue a written order specifying the exact conditions of probation that were violated.
The court held that while the revocation of community control and the sentences were proper, the trial court failed to specify the conditions of probation that were violated in a written order. Therefore, the case must be remanded for this correction.
[1] A trial court must enter a written order of revocation of probation specifying the conditions found to have been violated.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Appellant’s counsel has moved to withdraw and filed a supporting brief under Anders v. California, 386 U.S. 738 (1967).”
This quote establishes the procedural posture of the appeal, indicating that the appellant's own counsel believed the appeal had no merit.
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Join FLexlaw to unlock all legal intelligenceXavier Scott appealed the revocation of his community control and his sentences for failing to register as a sex offender with the Department of Motor…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
XAVIER SCOTT,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 4D19-2631
[August 5, 2020]
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barbara McCarthy, Judge; L.T. Case No. 15-7567 CF10A.
Carey Haughwout, Public Defender, and Nancy Jack, Assistant Public Defender, West Palm Beach, for appellant.
No appearance required for appellee. PER CURIAM.
Xavier Scott appeals the revocation of his community control and his resulting sentences to four years in prison on two counts of this prosecution for failure to register as a sex offender with the Department of Motor Vehicles and failure to register as a sex offender with law enforcement. Appellant’s counsel has moved to withdraw and filed a supporting brief under Anders v. California, 386 U.S. 738 (1967). We affirm the adjudications and sentences, but remand for entry of a written order of revocation of probation specifying the conditions appellant was found to have violated. Curtis v. State, 995 So. 2d 1164, 1165 (Fla. 4th DCA 2008) (citing Smith v. State, 962 So. 2d 380 (Fla. 4th DCA 2007)).
Affirmed, with limited remand. MAY, DAMOORGIAN and CIKLIN, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Smith v. State, 962 So. 2d 380 (Fla. 4th DCA 2007)
- Parzyck v. State, 995 So. 2d 1164 (Fla. 2d DCA 2008)