James Justin Channell vs State of Florida

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JAMES JUSTIN CHANNELL, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D16-2353 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed November 28, 2016. An appeal from the Circuit Court for Escambia County. J. Scott Duncan, Judge. Nancy A. Daniels, Public Defender, Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tayo Popoola, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The “Order of Judgment and Sentence Violation of Probation/Community Control” entered in Escambia County Circuit Court case number 2014-CF- 000283—the subject of the instant appeal—has been rendered null and void by our recent ruling in Channell v. State, No. 1D15-3859 (Fla. 1st DCA Oct. 4, 2016) [2016 WL 5746645], by which we reversed the order finding Appellant violated the terms and conditions of his original probation in the same case. Cf. Taylor v. State, 145 So. 3d 1004, 1005 (Fla. 1st DCA 2014) (mem.). Hence, the current order on appeal is VACATED. ∗ LEWIS, WETHERELL, and JAY, JJ., CONCUR. ∗ Our ruling, however, does not preclude the State from filing a new affidavit alleging Appellant violated the conditions of his original probation based on the conduct that gave rise to the affidavit charging him with violations of his probation/community control in the instant case. 2

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