GUMERSINDO REYES II
v.
STATE OF FLORIDA
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In consolidated Anders appeals, the Fifth District Court of Appeal affirmed the revocations of probation and the underlying judgments and sentences against Gumersindo Reyes II, but remanded for the trial court to enter written revocation orders identifying the specific terms and conditions of probation violated.
The court affirmed the revocations of probation and judgments and sentences, but remanded with instructions for the trial court to enter written revocation orders that identify the specific terms and conditions of probation that were violated, as required by appellate precedent.
“Because the records do not include written revocation orders that identify the terms and conditions of probation violated, we remand to the trial court with instructions to enter, in each case, a written revocation order that identifies the terms and conditions of probation that the trial court, in its oral pronouncement, found Reyes to have violated.”
Establishes the court's holding that written revocation orders identifying specific violated terms are required even when oral pronouncements were made.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceReyes had his probation revoked in multiple cases. The trial court orally pronounced findings that Reyes violated certain terms and conditions of prob…
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FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA
Case Nos. 5D2023-3585 5D2023-3587 LT Case No. 2019-CF-003298-A 2019-CF-003299-A
GUMERSINDO REYES II,
Appellant,
v. STATE OF FLORIDA,
Appellee.
On appeal from the Circuit Court for Seminole County. Donna M. Goerner, Judge.
Matthew J. Metz, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Mitchell Sanders, Assistant Attorney General, Daytona Beach, for Appellee.
September 27, 2024
PER CURIAM.
In these consolidated Anders* appeals, we affirm the revocations of probation and the judgments and sentences. Because the records do not include written revocation orders that identify the terms and conditions of probation violated, we remand to the trial court with instructions to enter, in each case, a written revocation order that identifies the terms and conditions of probation that the trial court, in its oral pronouncement, found Reyes to have violated. See Morrison v. State, 369 So. 3d 779 (Fla. 5th DCA 2023) (citing Barber v. State, 342 So. 3d 297, 297 (Fla. 5th DCA 2022)).
AFFIRMED and REMANDED with instructions.
MAKAR, JAY, and PRATT, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
* Anders v. California, 386 U.S. 738 (1967).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Markey Morrison v. State (Fla. 5th DCA 2023)
- Gumersindo Reyes II v. State, 369 So. 3d 779 (Fla. 5th DCA 2024)