Justin T. Burnett v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledFebruary 8, 2023
Docket2D22-1280
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
JUSTIN T. BURNETT,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D22-1280
February 8, 2023
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for
Sarasota County; Donna Padar, Judge.
Howard L. Dimmig, II, Public Defender, and Caroline Joan S. Picart,
Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Helene S. Parnes,
Senior Assistant Attorney General, Tampa, for Appellee.
PER CURIAM.
Justin T. Burnett appeals from his judgment and sentence. During
the pendency of this appeal, he filed a motion to correct sentencing error
pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), arguing that
the written order of probation did not reflect the oral pronouncement.
The court granted the motion but did not enter an amended probation
order. Accordingly, we affirm but remand for the entry of an amended
probation order consistent with the trial court's order granting Burnett's
rule 3.800(b)(2) motion.
Affirmed and remanded to amend order.
NORTHCUTT, KELLY, and ROTHSTEIN-YOUAKIM, JJ., Concur.
Opinion subject to revision prior to official publication.
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