David Baker v. State of Florida

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DAVID BAKER, JR., ) ) Appellant, ) ) v. ) Case No. 2D19-4375 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed February 24, 2021. Appeal from the Circuit Court for Lee County; Robert J. Branning, Judge. Howard L. Dimmig, II, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant. David Baker, Jr., pro se. Ashley Moody, Attorney General, Tallahassee, for Appellee. PER CURIAM. David Baker, Jr., appeals the revocation of his probation and the resulting sentence for the offense of felony battery. We affirm without comment. However, the order of revocation of probation incorrectly states that Baker admitted to the violations of probation. We remand for the trial court to correct the order of revocation of probation to reflect that Baker was found to have committed the violations after an evidentiary hearing. See Hamilton v. State, 128 So. 3d 177 (Fla. 2d DCA 2013). Affirmed and remanded with instructions. NORTHCUTT, MORRIS, and STARGEL, JJ., Concur. -2-