BRASWELL v. STATE, 804 So.2d 523 (Fla.App. 2 Dist. 2001)

LARRY BRASWELL, Appellant, v. STATE OF FLORIDA, Appellee.

No. 2D00-4013.District Court of Appeal of Florida, Second District.
Opinion filed December 28, 2001.

Appeal from the Circuit Court for Polk County; Charles Lee Brown, Judge.

James Marion Moorman, Public Defender, and Howardene Garrett, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robert J. Krauss, Sr. Assistant Attorney General, Tampa, for Appellee.

GREEN, Acting Chief Judge.

The defendant, Larry Braswell, asserts that the trial court erred in denying his motion to suppress and in revoking probation. We affirm without comment the trial court’s order denying Braswell’s motion to suppress. However, we reverse the revocation of probation.

The trial judge revoked Braswell’s probation using a memo-of-sentence form, after finding that he committed numerous probation violations. Braswell correctly argues on appeal that the use of a memo of sentence is inadequate to revoke probation. In Monroe v. State, 760 So.2d 289, 289 (Fla. 2d DCA 2000), this court explained that the use of a memo of sentence or snapout is inadequate to serve as a formal order of revocation. See also Monroe v. State, 784 So.2d 1163 (Fla. 2d DCA 2001);Grantham v. State, 735 So.2d 525 (Fla. 2d DCA 1999); Peterson v. State, 730 So.2d 830 (Fla. 2d DCA 1999). We therefore

Page 524

reverse and remand for entry of a formal written order revoking Braswell’s probation and imposing sentence.

Affirmed in part, reversed in part, and remanded.

CASANUEVA and STRINGER, JJ., Concur.

jdjungle

Share
Published by
jdjungle

Recent Posts

Florida Attorney General Opinion No. AGO 2025-03 (Oct. 20, 2025)

State Attorney Staff Firearm Possession in Courtrooms Number: AGO 2025-03 Issued: October 20, 2025 Ed…

3 weeks ago

Florida Attorney General Opinion No. AGO 2025-02 (Oct. 20, 2025)

Certain Professional Firearm Regulations after McDaniels Number: AGO 2025-02 Issued: October 20, 2025 The Honorable…

3 weeks ago

Florida Attorney General Opinion No. AGO2025-01 (June 11, 2025)

Moving the dates of Municipal Elections absent voter approval Number: AGO2025-01 Issued: June 11, 2025…

3 weeks ago

Florida Attorney General Opinion No. AGO2023-04 (10/30/2023)

Sunshine Law – Search and Selection Committees Number: AGO2023-04 Issued October 30, 2023 Rachel Kamoutsas…

1 year ago

Florida Attorney General Opinion No. AGO2023-03 (10/02/2023)

Firearms - Definitions Number: AGO2023-03 Issued October 02, 2023 Representative Shane Abbott Florida House of…

1 year ago

Florida Attorney General Opinion No. AGO 2023-02 (07/21/2023)

Clerk’s sale of court-ordered debts to debt purchasers Number: AGO 2023-02 Issued July 21, 2023…

1 year ago