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18 So. 3d 1254

KIBURIS v. State

District Court of Appeal of Florida

Decided October 14, 2009

District Court of Appeal of Florida · decided 2009-10-14

Relies on 936 So. 2d 710 - Dawkins v. State · Moschiano v. State

Decided 2009-10-14

PER CURIAM.

¶1 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.

¶2 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 agree. See Moschiano v. State, 12 So.3d 922 (Fla. 2d DCA 2009); Dawkins v. State, 936 So.2d 710 (Fla. 2d DCA 2006).

¶3 Affirmed; remanded with instructions.

CASANUEVA, C.J., and ALTENBERND and NORTHCUTT, JJ., concur.
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