Brandon Spivey v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJune 24, 2020
Docket3D19-1111
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed June 24, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-1111
Lower Tribunal No. 16-247-A-M
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Brandon Spivey,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Monroe County, Ruth L. Becker, Judge.
Carlos J. Martinez, Public Defender and Deborah Prager, Assistant Public
Defender, for appellant.
Ashley Moody, Attorney General and Kayla Heather McNab, Assistant
Attorney General, for appellee.
Before SALTER, MILLER and LOBREE, JJ.
PER CURIAM.
Brandon Spivey appeals from the revocation of his probation, judgment and
sentence imposed after he admitted to violating his probation by committing the
offense of criminal mischief, owing court costs and not getting a driver’s license.
We have reviewed the record and find no error. However, the order revoking
Spivey’s probation failed to identify which condition of probation he violated.
Accordingly, we remand for the trial court to enter a judgment specifying which
condition or conditions Spivey violated. See Jones v. State, 257 So. 3d 638 (Fla. 5th
DCA 2018); Greene v. State, 919 So. 2d 684, 685 (Fla. 2d DCA 2006).
Affirmed and remanded for entry of an amended judgment.
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