LIVINGSTON H. WOOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court affirmed probation revocation but remanded for entry of a written order specifying the particular probation conditions violated, rather than using generic language.
A trial court's written probation revocation order must specifically identify which conditions of probation were violated, not merely reference the affidavit of violation.
[1] A written probation revocation order must specifically identify the particular conditions of probation violated rather than using generic language that merely references…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceLivingston Wood was charged with violating three conditions of probation, but only one was discussed and proven at the revocation hearing. The written…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Anders V. California Procedure cases and more on FLexlaw
PER CURIAM.
Livingston Wood (Wood) challenges the trial court’s revocation of his probation and the sentence imposed thereon. His appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). After reviewing the record, we agree with his counsel that there are no meritorious issues for appeal except for an error warranting remand of the written revocation order with instructions.
Wood was charged with violating three conditions of his probation, yet only one was discussed and proven at the hearing. Nevertheless, the written revocation order stated Wood violated “conditions of his probation as cited” in the affidavit of violation. Accordingly, we remand for entry of a written order setting forth the specific conditions of proba tion which the trial court orally found Wood violated. Martin v. State, 674 So. 2d 906 (Fla. 1st DCA 1996)(remanding for entry of written order conforming to oral pronouncement); Cue v. State, 619 So. 2d 471 (Fla. 1st DCA 1993)(remanding for entry of written order reflecting specific terms and conditions of probation violated).
We affirm the revocation of probation and sentence imposed in all other respects.
AFFIRMED and REMANDED.
MINER, MICKLE and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Geoffery Mosley v. State, 869 So. 2d 1276 (Fla. 1st DCA 2004)…eed that the appellant could not have committed this offense because he did not possess any license at all. Since a written order of revocation must conform to the oral pronouncements made at the revocation hearing by the trial judge, Wood v. State, 682 So. 2d 1217 (Fla. 1st DCA 1996), the trial court shall, upon [*1277] remand, strike the finding of violation of condition 5, and correct the order of revocation of community control to accurately reflect the oral pronouncement made at the revocation hearing.…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Sherrond Deangelo CUE v. State, 619 So. 2d 471 (Fla. 1st DCA 1993)
- Martin v. State, 674 So. 2d 906 (Fla. 1st DCA 1996)