BRACERO v. STATE (2020)

Juan Antonio Bracero, Jr. appeals an order finding that he violated the terms of his community control and his resulting sentence. Mr. Bracero was accused of violating conditions sixteen and nineteen of his community control. We affirm the revocation of Mr. Bracero's community control and his sentence without discussion. The trial court's order correctly reflects that Mr. Bracero violated condition sixteen on one occasion. However, as the State properly concedes, the trial court's order incorrectly states that Mr. Bracero violated condition nineteen on three separate occasions. At the revocation hearing, the State presented evidence that Mr. Bracero violated condition nineteen on only one occasion.¹

We therefore remand this case for the trial court to enter a new revocation order that correctly reflects that Mr. Bracero violated condition nineteen of his community control on one occasion.

Revocation and sentence affirmed; cause remanded for correction of revocation order.

FOOTNOTES

1.   Mr. Bracero had filed a motion pursuant to Florida Rule of Criminal Procedure 3.800 noting that the order revoking his community control failed to state which conditions of community control he was found to have violated. In his motion, Mr. Bracero incorrectly asserted that he was orally found guilty of three violations of condition nineteen. Based on this motion, the trial court entered the order on appeal.

CASANUEVA, Judge.

VILLANTI and SLEET, JJ., Concur.