TEMEKA SHERECE CANADA
v.
STATE OF FLORIDA
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A judgment and sentence document revoking community control and imposing a sentence is an appealable order despite being titled "Minutes," but it must identify the specific conditions of community control that were violated.
[1] A judgment and sentence document is an appealable final order under Florida law notwithstanding its designation as 'Minutes,' provided it constitutes a decision on the me…
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“the Judgment and Sentence here is a rendered and appealable order, even though it is also entitled 'Minutes.'”
Court's explanation of the appealable nature of the trial court's document
Tameka Canada was placed on community control followed by probation for arson and violated the terms of her supervision twice. The trial court revoked…
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February 28, 2025 SOUD, J.
In this Anders* case, Appellant Tameka Canada was placed on community control to be followed by a term of probation for her crime of arson. After twice violating the terms of her supervision, the “Minutes, Judgment and Sentence” signed by the trial judge reflect that Canada’s supervision was revoked and she was sentenced to sixty months in the Florida state prison system.
We affirm the trial court’s revocation of Canada’s community control and resulting sentence. However, we remand for entry of an appropriate written order revoking probation.
While a trial court’s oral pronouncement of its ruling(s) reflected in minutes signed by the trial judge does not constitute an appealable order, see Fla. R. App. P. 9.020(f) (defining an “order” as “[a] decision, order, judgment, decree, or rule of a lower tribunal, excluding minutes and minute book entries”), the Judgment and Sentence here is a rendered and appealable order, even though it is also entitled “Minutes.” See Marshall v. State, 359 So. 3d 879 (Fla. 5th DCA 2023) (citing Dep’t of Child. & Fams. v. E.G., 939 So. 2d 226, 229 (Fla. 5th DCA 2006)). However, the Judgment and Sentence fails to identify the condition(s) of community control Canada was found to have violated, as is required. See id.; see also Font v. State, 299 So. 3d 627 (Fla. 5th DCA 2020).
Accordingly, we AFFIRM the revocation of Canada’s community control and the resulting sixty-month sentence and REMAND this matter to the trial court for entry of an appropriate written order revoking community control that identifies the condition(s) Canada was determined to have violated.
It is so ordered.
LAMBERT and PRATT, JJ., concur.
* See Anders v. California, 388 U.S. 924 (1967).
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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- Veltman v. State (Fla. 5th DCA 2024)
- Dep't OF Child. & Families v. E.G., 939 So. 2d 226 (Fla. 5th DCA 2006)