Legal Opinion

Moschiano v. State

District Court of Appeal of Florida

Decided July 17, 2009No. 2D08-4904PublishedCited by 2 opinions

1Per curiam

James P. Moschiano appeals the revocation of an amended and reinstated term of probation and resulting sentence of five years’ incarceration for domestic violence aggravated battery, a second-degree felony. We find no merit in the first argument, that the circuit court abused its discretion in rejecting his claim that although he admitted the violation, it was not willful or substantial. However, we conclude his second argument is meritorious — that the circuit court erred by failing to render a written order of revocation. We therefore remand this case for entry of a written order of…

2Cases cited2 opinions

  1. Dawkins v. StateDistrict Court of Appeal of Florida · 2006
  2. Montonez v. StateDistrict Court of Appeal of Florida · 1999

3Cited by2 opinions

  1. KIBURIS v. StateDistrict Court of Appeal of Florida · 2009
  2. Smolinski v. StateDistrict Court of Appeal of Florida · 2014

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