JOSÉ A. MONTONEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1999-01-13
No. 97-01636
NORTHCUTT and GREEN, JJ., Concur.
724 So. 2d 650 Florida District Court of Appeal, Second District (1999) Positive Treatment
Cited by 9 cases


Opinion of the Court
CAMPBELL, Acting Chief Judge.

CAMPBELL, Acting Chief Judge.

Appellant challenges the revocation of his community control and resulting sentence of forty-seven months’ incarceration for burglary of a dwelling, third degree grand theft, and grand theft of a firearm. We find no merit in the three issues raised and affirm the revocation and sentence. While the affi davit and amended affidavit of violation of community control allege numerous violations of condition (3) (moving from his approved residence without the consent of his probation officer), condition (9) (failing to report to his community control officer), and condition (12) (failing to remain confined to his approved residence), the revocation order fails to specify which conditions were violated. We therefore remand this case for entry of an order of revocation of community control which delineates the specific conditions appellant was found to have violated. See Dietz v. State, 534 So. 2d 808 (Fla. 2d DCA 1988).

Affirmed; remanded with instructions.

NORTHCUTT and GREEN, JJ., Concur.


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By

  • Moschiano v. State, 12 So. 3d 922 (Fla. 2d DCA 2009)
    …ocation. We therefore remand this case for entry of a written order of revocation which specifies the conditions that the circuit court found Mr. Moschiano had violated. See Dawkins v. State, 936 So. 2d 710 (Fla. 2d DCA 2006) ; Montonez v. State, 724 So. 2d 650 (Fla. 2d DCA 1999). Affirmed; remanded with instructions. CASANUEVA, DAVIS, and SILBERMAN, JJ., Concur. . We note that the procedure used in this case upon a finding of violation of probation— rendering a repeat judgment of conviction instead…
  • Recardo L. McCOY v. State, 749 So. 2d 537 (Fla. 2d DCA 2000)
    …sentence in case numbers CF94-1235A1-XX and CF94-2042A1-XX. We affirm in all respects, except that we must direct the trial court on remand to enter a written order specifying which probation conditions [*538] McCoy violated. See Montonez v. State, 724 So. 2d 650 (Fla. 2d DCA 1999). Affirmed and remanded with directions. PARKER and STRINGER, JJ., Concur.…
  • Nelson v. State, 753 So. 2d 673 (Fla. 2d DCA 2000)
    …der. Since the record before us does not contain a revocation order, we remand with instructions that the trial court enter a written revocation order which states the conditions of probation Nelson was found to have violated. See Montonez v. State, 724 So. 2d 650 (Fla. 2d DCA 1999). Reversed and remanded for resentenc-ing and entry of revocation order. CAMPBELL, A.C.J., and BLUE, J., Concur. . Although the trial court gave appellant credit for time previously served in prison, pursuant to section 948.06(7…

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