Phillips v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT MICHAEL PHILLIPS, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D10-5190 Opinion filed March 28, 2012. Appeal from the Circuit Court for Charlotte County; Alane C. Laboda, Judge. James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee. VILLANTI, Judge. Michael Phillips appeals the revocation of his probation and the sentence imposed upon revocation. We affirm the revocation of Phillips' probation and the sentence imposed after the trial court granted Phillips' motion to correct sentencing error filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). However, the written order of revocation incorrectly states that Phillips admitted to the violation of his probation. On remand, the trial court shall enter a corrected order of revocation reflecting that Phillips was found to have violated his probation after an evidentiary hearing. Affirmed but remanded with directions. DAVIS and CRENSHAW, JJ., Concur. -2-

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