2D02-3686 / Brooks v. State

State: Florida

Court: Florida Southern District Court

Docket No: 2D02-3686

Case Date: 12/10/2004

Plaintiff: 2D02-3686 / Brooks

Defendant: State

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
RAYMOND BROOKS,                                                                          )
)
Appellant,                                                                               )
)
v.                                                                                       )   Case No. 2D02-3686
)
STATE OF FLORIDA,                                                                        )
)
Appellee.                                                                                )
)
Opinion filed December 10, 2004.
Appeal from the Circuit Court for
Hillsborough County; Chet A. Tharpe,
Judge.
James Marion Moorman, Public Defender,
and Bruce P. Taylor, Assistant Public
Defender, Bartow, for Appellant.
Charles J. Crist, Jr., Attorney General,
Tallahassee, and Chandra Waite Dasrat,
Assistant Attorney General, Tampa, for
Appellee.
SALCINES, Judge.
Raymond Brooks appeals the order of the trial court which revoked his
community supervision and sentenced him to two concurrent terms of fifteen years'
imprisonment followed by two concurrent terms of fifteen years' probation.   We affirm

the trial court's decision to revoke Brooks' community supervision.   However, during oral
argument before this court, the State conceded that the sentences imposed contain a
scrivener's error which must be corrected.   The error was preserved through the filing of
a motion pursuant to Florida Rule of Criminal Procedure 3.800(b)(2).   Accordingly, we
reverse the sentences imposed and remand for the trial court to impose sentences
which comply with the requirements of Florida Rule of Criminal Procedure 3.704(d)(27).
Affirmed in part, reversed in part, and remanded for resentencing.
DAVIS and CANADY, JJ., Concur.
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