Kyle L. Chunn v. State

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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 KYLE LEE CHUNN, Appellant, v. Case No. 5D13-3492 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 21, 2014 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge. James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Kyle Lee Chunn appeals from findings that he violated his probation in multiple ways (including serious new law violations), arguing that no condition one violation was proven or found, and that we should vacate the life sentence and remand for resentencing. The State properly concedes that the judgment needs to be corrected to reflect that the trial court did not find a condition one violation. No other relief is warranted, however, and we affirm in all other respects. AFFIRMED; REMANDED FOR CORRECTION OF JUDGMENT. TORPY, C.J., SAWAYA and LAWSON, JJ., concur. 2

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