JOSHUA NEGRON v. STATE OF FLORIDA , 257 So. 3d 1226 ( 2018 )

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
JOSHUA MELVIN NEGRON, )
)
Appellant, )
)
v. ) Case No. 2D17-2446
)
STATE OF FLORIDA, )
)
Appellee. )
___________________________________)
Opinion filed November 28, 2018
Appeal from the Circuit Court for Lee
County; Bruce E. Kyle, Judge.
Robert P. Harris of Robert Harris Law Firm,
Fort Myers, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Chelsea S. Alper,
Assistant Attorney General, Tampa,
for Appellee.
SILBERMAN, Judge.
Joshua Melvin Negron challenges the revocation of his probation and
resulting sentence of twenty-four months in prison for the offense of fleeing or eluding a
law enforcement officer with lights and sirens activated. We affirm without discussion
the trial court's decision to revoke probation and remand only for entry of a second
corrected revocation order.
The trial court entered a revocation order and a corrected revocation
order. Negron argues, and the State acknowledges, that the corrected revocation order
contains errors that require further correction. Accordingly, we remand for the trial court
to enter a second corrected revocation order that omits the condition five violations that
were never alleged or mentioned at the evidentiary hearing, includes the condition ten
violation that the trial court found, and reflects that the violations were found after an
evidentiary hearing. See Jones v. State, 221 So. 3d 736, 736 (Fla. 2d DCA 2017)
(remanding for entry of a revocation order conforming to the oral pronouncement of the
condition violated); Hamilton v. State, 128 So. 3d 177, 177 (Fla. 2d DCA 2013)
(remanding to correct revocation order that incorrectly stated that the probationer
admitted to the violation when the trial court had conducted a revocation hearing).
Affirmed and remanded with instructions.
LUCAS and SALARIO, JJ., Concur.
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