Frederick Michael Johnson v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMarch 31, 2021
Docket2D19-1186
StatusPublished
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Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
FREDERICK MICHAEL JOHNSON, )
)
Appellant, )
)
v. ) Case No. 2D19-1186
)
STATE OF FLORIDA, )
)
Appellee. )
)
Opinion filed March 31, 2021.
Appeal from the Circuit Court for
Hillsborough County; Christopher C. Nash,
Judge.
Howard L. Dimmig, II, Public Defender, and
Robert D. Rosen, Assistant Public
Defender, Bartow, for Appellant.
Ashley Moody, Attorney General,
Tallahassee, and Chelsea N. Simms,
Assistant Attorney General, Tampa, for
Appellee.
PER CURIAM.
Frederick Johnson appeals an order revoking his community control and
sentencing him as a Violent Felony Offender of Special Concern (VFOSC). We affirm
the revocation and sentence. However, while the trial court made detailed oral findings
that Mr. Johnson posed a threat to the community prior to adjudicating him a VFOSC, it
failed to render those findings in writing as required by section 948.06(8)(e), Florida
Statutes (2019). Accordingly, we remand for the trial court to make written findings
conforming with its oral pronouncement. See McCray v. State, 282 So. 3d 158, 162
(Fla. 2d DCA 2019).
Affirmed; remanded with instructions.
KHOUZAM, C.J., and LUCAS and STARGEL, JJ., Concur.
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