Thomas Kelsey, III v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledNovember 4, 2020
Docket1D19-2665
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-2665
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THOMAS KELSEY, III,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Duval County.
James Daniel, Judge.
November 4, 2020
PER CURIAM.
The judgment and sentence underlying this appeal are
affirmed. The trial court, however, orally pronounced that early
termination of probation was prohibited, which is impermissible
and hereby stricken. See Capehart v. State, 202 So. 3d 958 (Fla. 1st
DCA 2016). Because โthis pronouncement was not reduced to
writing, there is no need to remand for correction of the judgment
and sentence or the order of probation.โ Id.
AFFIRMED.
MAKAR, BILBREY, and NORDBY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Andy Thomas, Public Defender, and Glen P. Gifford, Assistant
Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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