Keren Briscoe v. State of Florida

2024-3012Fladistctapp4

Testo completo

D ISTRICT C OURT OF A PPEAL O F T HE STATE OF F LORIDA
FOURTH DISTRICT
KEREN BRISCOE,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 4D2024-3012
[February 6, 2026]
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm
Beach County; James Nutt, Judge; L.T. Case No. 502017CF007110A.
Daniel Eisinger, Public Defender, and Mara C. Herbert, Assistant Public
Defender, West Palm Beach, for appellant.
James Uthmeier, Attorney General, Tallahassee, and Marcus Russell
Kelly II, Assistant Attorney General, West Palm Beach, for appellee.
ON CONFESSION OF ERROR
PER CURIAM .
Keren Briscoe appeals from an order of revocation of probation and the
subsequent denial of his Florida Rule of Criminal Procedure 3.800(b)(2)
motion 	to 	correct 	sentencing 	error, 	wherein 	he 	asserts 	the 	written
revocation order does not conform to the oral pronouncement and does
not contain written findings required by due process. 	The State filed a
confession 	of 	error. 	We 	have 	reviewed, 	and 	we 	accept 	the 	State’s
commendable confession of error.
Accordingly, 	we 	reverse 	the 	revocation 	order 	and 	remand 	with
instructions for the original hearing judge, Judge Jeffrey Dana Gillen, to
enter a corrected revocation order that (1) conforms with the trial court’s
oral pronouncement, excluding the alleged financial violations, and (2)
includes a written statement identifying the specific evidence relied upon
and the reasons for revoking probation.
Reversed and remanded.
2
CIKLIN, G ERBER and LOTT , JJ., concur.
* 	* 	*
No motion for rehearing will be accepted. 	The mandate shall
issue immediately.

OCR transcription; preserved printed pages are authoritative

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT

KEREN BRISCOE,
Appellant,

Vv.

STATE OF FLORIDA,
Appellee.

No. 4D2024-3012
[February 6, 2026]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm
Beach County; James Nutt, Judge; L.T. Case No. 502017CF0O07110A.

Daniel Eisinger, Public Defender, and Mara C. Herbert, Assistant Public
Defender, West Palm Beach, for appellant.

James Uthmeier, Attorney General, Tallahassee, and Marcus Russell
Kelly I, Assistant Attorney General, West Palm Beach, for appellee.

ON CONFESSION OF ERROR
PER CURIAM.

Keren Briscoe appeals from an order of revocation of probation and the
subsequent denial of his Florida Rule of Criminal Procedure 3.800(b)(2)
motion to correct sentencing error, wherein he asserts the written
revocation order does not conform to the oral pronouncement and does
not contain written findings required by due process. The State filed a
confession of error. We have reviewed, and we accept the State’s
commendable confession of error.

Accordingly, we reverse the revocation order and remand with
instructions for the original hearing judge, Judge Jeffrey Dana Gillen, to
enter a corrected revocation order that (1) conforms with the trial court’s
oral pronouncement, excluding the alleged financial violations, and (2)
includes a written statement identifying the specific evidence relied upon
and the reasons for revoking probation.

Reversed and remanded.

CIKLIN, GERBER and LOTT, JJ., concur.

* * *

No motion for rehearing will be accepted. The mandate shall
issue immediately.

Continua la tua ricerca in ChatGPT o Claude

Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.