Third District Court of Appeal
State of Florida
Opinion filed February 15, 2017.
Not final until disposition of timely filed motion for rehearing.
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Nos. 3D15-2314 & 3D15-2140
Lower Tribunal Nos. 14-32AP & 14-244AP
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Todd Alexander,
Appellant,
vs.
The State of Florida,
Appellee.
Appeals from the Circuit Court for Monroe County, William R. Ptomey, Jr.,
Judge.
Carlos J. Martinez, Public Defender, and Harvey J. Sepler and Jeffrey Paul
DeSousa, Assistant Public Defenders, for appellant.
Pamela Jo Bondi, Attorney General, and Arlisa Certain, Assistant Attorney
General, for appellee.
Before SUAREZ, C.J. and LAGOA and SCALES, JJ.
SCALES, J.
In this consolidated appeal, Appellant Todd Alexander challenges both (i)
his conviction for animal cruelty, and (ii) the trial court’s revocation of his
probation based on the animal cruelty conviction. Because the jury’s verdict is
supported by competent, substantial evidence of when Alexander committed the
crime, we affirm. Gonzalez v. State, 841 So. 2d 650, 652 (Fla. 3d DCA 2003) (jury
verdict supported by competent, substantial evidence must be sustained on appeal).
We remand only to allow the trial court to enter a correct written order, consistent
with its oral pronouncement, to reflect that the crime was not committed using a
weapon.
Affirmed; remanded.
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