Opinion
Case No. 5D19-364
09-27-2019
FARUQ JAMIL BURNEM, Appellant, v. STATE OF FLORIDA, Appellee.
James S. Purdy, Public Defender, and Shawna R. Moyers, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appeal from the Circuit Court for Seminole County, John Galluzzo, Judge. James S. Purdy, Public Defender, and Shawna R. Moyers, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM.
We affirm, without further discussion, the judgment and sentences imposed by the trial court following the open plea to violation of probation entered by Faruq Jamil Burnem ("Appellant"). However, because the trial court did not enter a written order of revocation of probation, we remand for the court to enter an order setting forth the condition or conditions of probation that Appellant violated. See Cato v. State, 845 So. 2d 250, 251 (Fla. 2d DCA 2003) (remanding with directions to the trial court to enter a final order of revocation of probation citing the specific condition of probation that the defendant violated).
Appellate counsel brought this matter to the attention of the trial court by timely filing a Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct sentencing error. The court never addressed the motion; thus, it is deemed denied pursuant to subsection (b)(2)(B) of the rule (which provides that if the trial court does not file an order ruling on the motion within sixty days, the motion shall be deemed denied).
AFFIRMED; REMANDED for entry of a proper order of revocation of probation. ORFINGER, LAMBERT, and EDWARDS, JJ., concur.