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Ooten v. State

Florida Court of Appeals, Fifth District
Oct 22, 2021
No. 5D21-741 (Fla. Dist. Ct. App. Oct. 22, 2021)

Opinion

5D21-741

10-22-2021

ROGER LEE OOTEN, Appellant, v. STATE OF FLORIDA, Appellee.

Matthew J. Metz, Public Defender, and George D.E. Burden, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Bonnie Jean Parrish, 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 Orange County, LT Case No. 2016-CF-000715-A-0 Keith F. White, Judge.

Matthew J. Metz, Public Defender, and George D.E. Burden, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders appeal, we affirm, without further elaboration, the judgment and sentence imposed by the trial court following Appellant's violation of probation trial. However, because the order revoking probation does not list the specific conditions of probation that Appellant was found to have violated, we remand to the trial court for entry of an amended order to include the conditions that it found were violated. See Ford v. State, 293 So.3d 553, 554 (Fla. 2d DCA 2020) (affirming the judgment and sentence imposed but remanding to the trial court for the entry of an amended order specifying the conditions of probation violated by the defendant).

Anders v. California, 386 U.S. 738 (1967).

On remand, the amended order should also reflect the citation to the predecessor statute, section 794.041(2)(b), Florida Statutes, regarding Appellant's underlying criminal conviction.

AFFIRMED; REMANDED with directions for entry of amended revocation order consistent with this opinion.

LAMBERT, C.J, EDWARDS and WOZNIAK, JJ, concur


Summaries of

Ooten v. State

Florida Court of Appeals, Fifth District
Oct 22, 2021
No. 5D21-741 (Fla. Dist. Ct. App. Oct. 22, 2021)
Case details for

Ooten v. State

Case Details

Full title:ROGER LEE OOTEN, Appellant, v. STATE OF FLORIDA, Appellee.

Court:Florida Court of Appeals, Fifth District

Date published: Oct 22, 2021

Citations

No. 5D21-741 (Fla. Dist. Ct. App. Oct. 22, 2021)