Kristina Blair v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJuly 17, 2020
Docket2D18-4526
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
KRISTINA BLAIR, )
)
Appellant, )
)
v. ) Case No. 2D18-4526
)
STATE OF FLORIDA, )
)
Appellee. )
___________________________________)
Opinion filed July 17, 2020.
Appeal from the Circuit Court for
Hillsborough County; Ronald N. Ficarrotta,
Wayne S. Timmerman, and Nick Nazaretian,
Judges.
Howard L. Dimmig, II, Public Defender, and
Susan M. Shanahan, Assistant Public
Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, and
C. Todd Chapman, Assistant Attorney
General, Tampa, for Appellee.
PER CURIAM.
Kristina Blair appeals the order revoking her probation and the order
denying her motion to correct sentencing error. The State correctly concedes that the
trial court erred in both orders.
We reverse the probation revocation order because the trial court did not
announce at the hearing which condition(s) Ms. Blair had willfully and substantially
violated, and its written order does not state any condition(s) violated to support
revocation. See Davis v. State, 276 So. 3d 484, 485 (Fla. 1st DCA 2019) (reversing
violation of probation order where the trial court only stated at the hearing that the
appellant was "noncompliant" with the conditions, but did not either orally or in a written
order specify which condition(s) he willfully and substantially violated); see also Jones v.
State, 898 So. 2d 209, 210 (Fla. 2d DCA 2005) (reversing a probation revocation order
and remanding to the trial court with directions to enter an order with written findings).
We remand to the trial court to enter a revocation order that details the condition(s) that
the State proved Ms. Blair willfully and substantially violated. We remind the trial court
that it is a denial of due process and fundamental error to find that a probationer
violated a condition not charged in the affidavit of probation violation. See McRae v.
State, 88 So. 3d 384, 385 (Fla. 2d DCA 2012).
We also reverse the order that reserved ruling on Ms. Blair's motion
seeking credit for jail time served. Florida Rule of Criminal Procedure 3.800(b)(2)
permits a defendant to file a motion to correct a sentencing error after the notice of
appeal has been filed and prior to service of the initial brief. Here, Ms. Blair filed her
motion prior to service of her initial brief. On remand, the trial court shall correct her
sentence by giving Ms. Blair credit for fifty-two days of jail time.
Reversed and remanded with directions.
NORTHCUTT, KELLY, and SMITH, JJ., Concur.