Third District Court of Appeal
State of Florida
Opinion filed May 04, 2016.
Not final until disposition of timely filed motion for rehearing.
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No. 3D15-365
Lower Tribunal No. 13-23481
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Chantay Wallace,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Cristina M.
Miranda, Judge.
Carlos J. Martinez, Public Defender, and Harvey J. Sepler, Assistant Public
Defender, for appellant.
Pamela Jo Bondi, Attorney General, and Shayne R. Burnham, Assistant
Attorney General, and Natasha Pargas, Certified Legal Intern, for appellee.
Before ROTHENBERG, SALTER, and SCALES, JJ.
ROTHENBERG, J.
Chantay Wallace appeals the trial court’s order revoking her probation. The
evidence clearly supports the trial court’s finding that Wallace willfully and
materially violated Condition 5 of her order of probation by committing the crime
of petit theft while on probation and Special Condition 18 by failing to complete a
domestic violence program and an anger management program. We therefore
affirm the trial court’s order revoking Wallace’s probation and the twenty-four
month sentence that was imposed.
We however remand this case, see Young v. State, 4 So. 3d 1265, 1266 (Fla.
5th DCA 2009), with instructions to the trial court to enter a corrected written
order because the trial court’s order revoking probation improperly included
violations of Conditions 2 and 3 (failure to pay for the cost of supervision and drug
testing fees, respectively), where no evidence was presented as to Wallace’s ability
to pay those fees, and Condition 5 based on Wallace committing two other new
law violations besides the previously referred to petit theft, where those additional
new law violations were bifurcated and therefore not tried at the probation
violation hearing. Resentencing is not required in this case because the sentence
imposed was already the lowest sentence permissible under the guidelines and
there was neither a motion nor an argument made to depart below the guidelines.
Affirmed and remanded.
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