FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D17-37
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AMBER DEJESUS,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Bay County.
Hentz McClellan, Judge.
May 25, 2018
PER CURIAM.
We affirm this appeal in all regards, but remand for entry of
a corrected order of revocation of probation. After granting the
appellant’s Florida Rule of Criminal Procedure 3.800(b)(2) motion,
the lower court entered an amended order of revocation to conform
to the court’s oral pronouncement. The amended revocation order
found the appellant had violated conditions (4) and (9) of her drug
offender probation. The amended order also found a violation of
condition (5), listing all of the new law violations as the six new
law charges in case number 16-2301. This was in error as the court
only orally found a violation of condition (5) for one of those
charges: possession of marijuana. The amended revocation order
is affirmed on conditions (4), (9), and (5) for possession of
marijuana in case number 16-2301. To the extent the amended
written revocation order still did not conform to the oral
pronouncement and improperly included violations for the other
offenses charged in case number 16-2301, the case is remanded for
entry of a corrected order. See Leggs v. State, 27 So. 3d 155 (Fla.
1st DCA 2010).
AFFIRMED in part, REVERSED in part, and REMANDED.
ROBERTS, ROWE, and WINOKUR, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Andy Thomas, Public Defender, and Joel Arnold, Assistant Public
Defender, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and Daniel Krumbholz,
Assistant Attorney General, Tallahassee, for Appellee.
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