Bruce Shade v. State of Florida

ON CONCESSION OF ERROR

After he was convicted of burglary of a dwelling and theft, Bruce Shade took an appeal. While the appeal was pending, he moved to correct a sentencing error, pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). He argued that a remand is required for the trial court to strike a special condition of probation which was included in the order of probation although not orally pronounced.

Shade does not challenge his convictions. However, based on the state’s concession of error on the sentencing issue, we remand to the trial court to strike from the order of probation…