Hart v. State

• Decision Date: 27 August 2021
• Docket Number: Nos. 2D19-4980,2D20-494,s. 2D19-4980
• Citation: 325 So.3d 305 (Mem)
• Parties: Isaac HART, III, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

325 So.3d 305 (Mem)

Isaac HART, III, Appellant,

v.STATE of Florida, Appellee.

Nos. 2D19-4980

2D20-494

District Court of Appeal of Florida, Second District.

August 27, 2021

Howard L. Dimmig, II, Public Defender, and Daniel Muller, Assistant Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Cynthia Richards, Assistant Attorney General, Tampa, for Appellee.

CASANUEVA, Judge.

Isaac Hart, III, appeals his judgment and sentences for possession of a controlled substance, giving false information to a law enforcement officer, and possession of drug paraphernalia. We affirm Mr. Hart's judgment without comment. However, we remand for the trial court to enter an amended sentence and order of probation incorporating the rulings made in its previous orders.

Mr. Hart contends and the record reflects that, although the trial court granted both of his motions to correct sentencing error filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), amended sentencing documents and an amended order of probation reflecting those rulings have not been entered. We therefore remand this case with directions to the trial court to enter corrected sentencing documents and a corrected probation order in accordance with its orders entered on June 18 and December 1, 2020, granting Mr. Hart's motions to correct sentencing errors. E.g. , Mobley v. State , 968 So. 2d 632, 632 (Fla. 2d DCA 2007) ; Hadley v. State , 239 So. 3d 216, 217 (Fla. 5th DCA 2018).

Affirmed; remanded for entry of corrected sentencing orders.

LUCAS and ATKINSON, JJ., Concur.