HIRAM MARSHALL v. STATE OF FLORIDA

District Court of Appeal of Florida · Sep 23, 2020

Full text

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

HIRAM MARSHALL, ) ) Appellant, ) ) v. ) Case No. 2D19-2202 ) STATE OF FLORIDA, ) ) Appellee. ) ________________________________ )

Opinion filed September 23, 2020.

Appeal from the Circuit Court for Polk County; Mark F. Carpanini, Judge.

Howard L. Dimmig, II, Public Defender, and Richard Sanders, Assistant Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and James Hellickson, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

We affirm the order of revocation of community control and the ensuing sentence. However, we remand for vacatur of the duplicative written judgment of guilt that was entered on May 30, 2019. See Schaufler v. State, 255 So. 3d 929, 929 (Fla. 2d DCA 2018).

Affirmed; remanded with instructions. KHOUZAM, C.J., and NORTHCUTT and KELLY, JJ., Concur.

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