Filed: Jan. 22, 2018
Latest Update: Mar. 03, 2020
Summary: IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED SEAN WELLS, Appellant, v. Case No. 5D17-1257 STATE OF FLORIDA, Appellee. _/ Opinion filed January 26, 2018 Appeal from the Circuit Court for Brevard County, W. David Dugan, Judge. James S. Purdy, Public Defender, and Sean Kevin Gravel, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahasse
Summary: IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED SEAN WELLS, Appellant, v. Case No. 5D17-1257 STATE OF FLORIDA, Appellee. _/ Opinion filed January 26, 2018 Appeal from the Circuit Court for Brevard County, W. David Dugan, Judge. James S. Purdy, Public Defender, and Sean Kevin Gravel, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee..
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
SEAN WELLS,
Appellant,
v. Case No. 5D17-1257
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed January 26, 2018
Appeal from the Circuit Court
for Brevard County,
W. David Dugan, Judge.
James S. Purdy, Public Defender, and
Sean Kevin Gravel, Assistant Public
Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Allison Leigh Morris,
Assistant Attorney General, Daytona
Beach, for Appellee.
PER CURIAM.
Appellant, Sean Wells, appeals the trial court’s order revoking his probation and
sentencing him to thirty months in prison. We affirm, but remand for a corrected order.
The trial court orally found Appellant guilty of violating Condition 1 of his probation
for failing to report in December 2016 and January 2017. At sentencing, defense counsel
conceded that Appellant qualified as a violent felony offender of special concern, and the
trial court made the oral pronouncement that Appellant’s release posed a danger to the
community pursuant to section 948.06(8)(e), Florida Statutes (2016).
On appeal, Appellant argues (1) the finding that he violated his probation was not
supported by competent, substantial evidence, and (2) the trial court erred by failing to
include its reasons for finding that he posed a danger to the community in its written order.
We affirm the trial court’s revocation of Appellant’s probation without further
discussion. However, the State concedes that remand is appropriate for the trial court to
reduce its orally pronounced reasons for finding that Appellant presents a danger to the
community to writing. See Bell v. State,
150 So. 3d 1214 (Fla. 5th DCA 2014); see also
Arnone v. State,
204 So. 3d 556, 557 (Fla. 4th DCA 2016) (“[W]here a court orally
pronounces a reason, consistent with one or more of the factors listed under section
948.06(8)(e)1., for its finding that the defendant, as a violent felony offender of special
concern, poses a danger to the community, but fails to provide written reasons for its
finding, the proper remedy is to affirm the revocation of the defendant’s probation, but
remand for entry of a written order conforming to the court’s oral pronouncement.”).
Similarly, we note that although the trial court orally pronounced its finding that Appellant
violated probation, the written order revoking probation does not specify which condition
Appellant violated. See Brown v. State,
225 So. 3d 399, 400 (Fla. 5th DCA 2017). Thus,
on remand, the trial court should enter a corrected order with appropriate written findings.
AFFIRMED AND REMANDED WITH INSTRUCTIONS.
PALMER, WALLIS and EISNAUGLE, JJ., concur.
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