Jose Maria Medina v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMarch 11, 2022
Docket2D21-1146
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
JOSE MARIA MEDINA,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D21-1146
March 11, 2022
Appeal from the Circuit Court for Polk County; Mark F. Carpanini,
Judge.
Howard L. Dimmig, II, Public Defender, and Carol J. Y. Wilson,
Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Jonathan P.
Hurley, Assistant Attorney General, Tampa, for Appellee.
ROTHSTEIN-YOUAKIM, Judge.
Jose Maria Medina appeals the order revoking his community
control and his resulting sentence. We affirm on the merits without
comment but note that the revocation order incorrectly indicates
that Medina admitted guilt when the State established his guilt at
an evidentiary hearing. The order also indicates that Medina
admitted guilt "as to violating ALL conditions, as stated in" the
November 3, 2020, violation affidavit, but that affidavit alleged only
a single violation of Condition (5) of the community control order.
Accordingly, we remand for the trial court to correct the revocation
order to reflect that Medina was found to have committed a single
violation of Condition (5) after his guilt was established at an
evidentiary hearing. See Baker v. State, 328 So. 3d 320, 321 (Fla.
2d DCA 2021).
In addition, as Medina argues and the State concedes, a
duplicative judgment was entered in error. Therefore, on remand,
the trial court shall also vacate the April 21, 2021, judgment of guilt
for the underlying offense of aggravated assault because the court
previously adjudicated Medina guilty of that offense on July 9,
2019. See Byra v. State, 268 So. 3d 207, 208 (Fla. 2d DCA 2019).
Affirmed; remanded with instructions.
LaROSE and STARGEL, JJ., Concur.
Opinion subject to revision prior to official publication.
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