WAMSLEY v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

Jonathan Robert WAMSLEY, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-3773

Decided: May 01, 2020

James S. Purdy, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

In this Anders ¹ appeal, Jonathan Robert Wamsley challenges the judgment and sentence imposed by the trial court following his violation of probation trial. Having reviewed the record, we affirm, without further discussion, except that we remand for the entry of a proper order revoking Wamsley's probation.

At the conclusion of the trial, the court sentenced Wamsley to serve 84.15 months in prison after it orally announced that it was revoking Wamsley's probation based on the Condition 5 violations that the court found had been sufficiently proven by the State. However, the written order thereafter entered by the court is titled “Order of Modification/Restoration of Probation,” and it does not actually reflect that Wamsley's probation was revoked. Accordingly, we direct that the trial court enter a written order revoking Wamsley's probation consistently with its oral pronouncement.

AFFIRMED; REMANDED with directions.

FOOTNOTES

1. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

PER CURIAM.

LAMBERT, EDWARDS, and GROSSHANS, JJ., concur.

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