Legal Opinion

Smolinski v. State

District Court of Appeal of Florida

Decided December 17, 2014No. 2D14-582Published

1Opinion of the Court

KELLY, Judge.

Christineann D. Smolinski appeals the sentence imposed upon her following the revocation of her probation. We affirm her sentence but remand for entry of a written order of revocation of probation.

While her appeal was pending, Ms. Smo-linski filed a motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800(b) due to the lack of a written order of revocation. The trial court denied the motion stating that “[a]n Order of Community Control was entered by this Court on January 17, 2014.” Although the Order of Community Control reflects the conditions of…

2Cases cited3 opinions

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

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