2D03-5872 / Prosser v. State

State: Florida

Court: Florida Southern District Court

Docket No: 2D03-5872

Case Date: 03/09/2005

Plaintiff: 2D03-5872 / Prosser

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
SHAWN ELLIOT PROSSER,                            )
)
Appellant,                                       )
)
v.                                               )   Case No. 2D03-5872
)
STATE OF FLORIDA,                                )
)
Appellee.                                        )
)
Opinion filed March 9, 2005.
Appeal from the Circuit Court for
Charlotte County; Isaac Anderson, Jr.,
Judge.
James Marion Moorman, Public
Defender, and Susan Martin, Special
Assistant Public Defender, Bartow, for
Appellant.
Shawn Elliot Prosser, pro se.
Charles J. Crist, Jr., Attorney General,
Tallahassee, and Tonja Rene Vickers,
Assistant Attorney General, Tampa, for
Appellee.

PER CURIAM.
Shawn Prosser appeals an order revoking his community control and
sentencing him to twelve years’ imprisonment.   We affirm the order but remand with
instructions for the trial court to correct the order to conform to its oral pronouncement.
At the hearing on the revocation, the trial court found that Mr. Prosser violated condition
5 once, by providing alcohol to a minor, and condition 24 once, by having unsupervised
contact with a minor.   The written order, however, indicates that Mr. Prosser violated
condition 5 twice and condition 24 once.   On remand, the trial court shall strike the
finding regarding a second violation of condition 5.
Affirmed and remanded for further proceedings.
ALTENBERND, C.J., and STRINGER and CANADY, JJ., Concur.
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