British West v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledAugust 19, 2020
Docket3D19-2008
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed August 19, 2020.
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No. 3D19-2008
Lower Tribunal No. 10-31072-A
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British West,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Jose L.
Fernandez, Judge.
Carlos J. Martinez, Public Defender, and Robert Kalter, Assistant Public
Defender, for appellant.
Ashley Moody, Attorney General, and Michael W. Mervine, Assistant
Attorney General, for appellee.
Before LOGUE, SCALES and LOBREE, JJ.
CONFESSION OF ERROR
PER CURIAM.
British West appeals his revocation of probation. The trial court orally found
that he violated his probation by failing to remain at liberty without violating the law
by committing the offenses of: burglary with an assault or battery and unlawful
possession of a firearm while engaged in a criminal offense on July 29, 2016; armed
kidnaping with an assault or battery and burglary with an assault or battery on July
7, 2016; and battery on a law enforcement officer. However, no written order of
revocation appears in the record. โIt is well-settled that a trial court must โreduce to
writing its oral pronouncement of the violations and revocation of . . . probation.โโ
Henley v. State, 276 So. 3d 470, 470 (Fla. 3d DCA 2019) (quoting Mitchell v. State,
238 So. 3d 386, 386 (Fla. 3d DCA 2018)). Based on the Stateโs proper confession
of error, we remand to the trial court to enter a written order of revocation noting the
specific conditions of probation that West violated. West need not be present for
the entry of the written order. See Henley, 276 So. 3d at 471.
Reversed and remanded with directions.
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