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Braswell v. State

District Court of Appeal of Florida, Second District
Dec 28, 2001
804 So. 2d 523 (Fla. Dist. Ct. App. 2001)

Summary

holding that a snapout is insufficient to serve as an order of revocation of probation

Summary of this case from Dagan v. State

Opinion

No. 2D00-4013.

Opinion filed December 28, 2001.

Appeal from the Circuit Court for Polk County; Charles Lee Brown, Judge.

James Marion Moorman, Public Defender, and Howardene Garrett, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robert J. Krauss, Sr. Assistant Attorney General, Tampa, for Appellee.


The defendant, Larry Braswell, asserts that the trial court erred in denying his motion to suppress and in revoking probation. We affirm without comment the trial court's order denying Braswell's motion to suppress. However, we reverse the revocation of probation.

The trial judge revoked Braswell's probation using a memo-of-sentence form, after finding that he committed numerous probation violations. Braswell correctly argues on appeal that the use of a memo of sentence is inadequate to revoke probation. In Monroe v. State, 760 So.2d 289, 289 (Fla. 2d DCA 2000), this court explained that the use of a memo of sentence or snapout is inadequate to serve as a formal order of revocation. See also Monroe v. State, 784 So.2d 1163 (Fla. 2d DCA 2001);Grantham v. State, 735 So.2d 525 (Fla. 2d DCA 1999); Peterson v. State, 730 So.2d 830 (Fla. 2d DCA 1999). We therefore reverse and remand for entry of a formal written order revoking Braswell's probation and imposing sentence.

Affirmed in part, reversed in part, and remanded.

CASANUEVA and STRINGER, JJ., Concur.


Summaries of

Braswell v. State

District Court of Appeal of Florida, Second District
Dec 28, 2001
804 So. 2d 523 (Fla. Dist. Ct. App. 2001)

holding that a snapout is insufficient to serve as an order of revocation of probation

Summary of this case from Dagan v. State

holding that memorandum-of-sentence form or snapout was insufficient to serve as a revocation of probation order

Summary of this case from Cochrane v. State
Case details for

Braswell v. State

Case Details

Full title:LARRY BRASWELL, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Dec 28, 2001

Citations

804 So. 2d 523 (Fla. Dist. Ct. App. 2001)

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