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779 So. 2d 624

Docket No. 2D99-4333.

Ballester v. State

Julio BALLESTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2001-03-02

Cited by 1 later decisions — most recently July 2007

1 state decisions

Relies on 760 So. 2d 89 - Maddox v. State · Thomas v. State · Jelks v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-03-02

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¶1James Marion Moorman, Public Defender, and Anthony C. Musto, Assistant Public Defender, Bartow, for Appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Jenny S. Sieg, Assistant Attorney General, Tampa, for Appellee.

¶3GREEN, Judge.

¶4We affirm Julio Ballester's judgment and sentence which resulted from the revocation of his probation.

¶5The trial court's written order recites that revocation was based on the violation of condition seven, proscribing the use of narcotics, and condition five, a new law violation, to wit: petit theft. However, the court's oral pronouncement referenced only condition seven.

¶6This matter was not addressed to the trial judge. Because this error is nonprejudicial to Ballester, we find it is not fundamental error. See Maddox v. State,760 So.2d 89 (Fla.2000); Thomas v. State,763 So.2d 316 (Fla.2000); Jelks v. State,770 So.2d 183 (Fla. 2d DCA 2000). The error has therefore been waived.

¶7Affirmed.

¶8PARKER, A.C.J., and ALTENBERND, J., concur.

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