KELSEY III v. STATE (2020)

District Court of Appeal of Florida, First District.

Thomas KELSEY, III, Appellant, v. STATE of Florida, Appellee.

No. 1D19-2665

Decided: November 04, 2020

Andy Thomas, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

The judgment and sentence underlying this appeal are affirmed. The trial court, however, orally pronounced that early termination of probation was prohibited, which is impermissible and hereby stricken. See Capehart v. State, 202 So. 3d 958 (Fla. 1st DCA 2016). Because “this pronouncement was not reduced to writing, there is no need to remand for correction of the judgment and sentence or the order of probation.” Id.

Affirmed.

Per Curiam.

Makar, Bilbrey, and Nordby, JJ., concur.

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