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947 So. 2d 662

Docket No. 2D05-6118.

Evett v. State

Richard EVETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 26, 2007.

District Court of Appeal of Florida · decided 2007-01-26

Cited by 2 later decisions — most recently June 2013

2 state decisions

Relies on Thomas v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2007-01-26

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¶1James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.

¶2Bill McCollum, Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee.

¶3ALTENBERND, Judge.

¶4Richard Evett appeals the order revoking his probation and the prison sentences imposed as a result of the revocation. Mr. Evett argues and the State concedes that the written order of revocation fails to accurately recite the trial court's findings in open court. The written order of revocation lists violations of conditions two, four, and twenty-seven. The trial court orally pronounced a violation only of condition two, and not of conditions four and twenty-seven.

¶5This error, however, was not preserved in the trial court either at the revocation hearing or by subsequent motion filed pursuant to Florida Rule of Criminal Procedure 3.800(b). The supreme court has specifically held that such an error in an order revoking probation is not a fundamental *663 error. See Thomas v. State,763 So.2d 316 (Fla.2000). Accordingly, we affirm the order on appeal.

¶6Affirmed.

¶7SALCINES and KELLY, JJ., Concur.

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