Legal Opinion

KIBURIS v. State

District Court of Appeal of Florida

Decided October 14, 2009No. 2D07-5853PublishedCited by 3 opinions

1Per curiam

Richard Wallace Kiburis appeals the revocation of his probation and resulting prison sentence. We affirm the judgment and sentence but remand for entry of a written order of revocation of probation.

When Mr. Kiburis attempted to correct the trial court’s failure to render a separate written order of revocation by filing a motion pursuant to Florida Rule of Criminal Procedure 3.800(b), the trial court denied relief stating that “collectively, the judgment and sentence constitutes [sic] a sufficient written order revoking probation to facilitate appellate review of the revocation.” We do not…

2Cases cited2 opinions

  1. Dawkins v. StateDistrict Court of Appeal of Florida · 2006
  2. Moschiano v. StateDistrict Court of Appeal of Florida · 2009

3Cited by3 opinions

  1. Pierce v. StateDistrict Court of Appeal of Florida · 2014
  2. Miller v. StateDistrict Court of Appeal of Florida · 2012
  3. Smolinski v. StateDistrict Court of Appeal of Florida · 2014

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