LATONYA YOUNG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
In this probation violation case, we affirm the lower court’s determination that Appellant violated her probation because she committed a new law violation, contrary to condition 5 of her probation. We remand this case, nevertheless, with instructions that the trial court reduce its oral pronouncement to a written order. See Patt v. State, 876 So.2d 1278 (Fla. 5th DCA 2004) (affirming revocation of community control and remanding for entry of written order). There is insufficient evidence to support the trial court’s oral findings that Appellant violated other conditions of her probation, and therefore, the written order shall include only the condition 5 violation.
AFFIRMED AND REMANDED.
SAWAYA, TORPY and EVANDER, JJ., concur.
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Orion Hunter Manis v. State, 30 So. 3d 586 (Fla. 5th DCA 2010)…y held that a “trial judge must specify in the written order or judgment what conditions the defendant violated.” Mormon v. State, 976 So. 2d 1188, 1189 (Fla. 5th DCA 2008). Accord Kadyebo v. State, 15 So. 3d 928 (Fla. 5th DCA 2009); Young v. State, 4 So. 3d 1265 (Fla. 5th DCA 2009). Accordingly, we vacate the defendant’s judgments and sentences, and remand this matter to the trial court for the entry of a proper VOP order setting forth the specific violations of probation. VACATED and REMANDED. GRIFFIN an…
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Kadyebo v. State, 15 So. 3d 928 (Fla. 5th DCA 2009)…bench that were supported by competent, substantial evidence, the appellant is unquestionably entitled to a correct written revocation order that conforms to the oral pronouncements finding him in willful violation of probation. See Young v. State, 4 So. 3d 1265 (Fla. 5th DCA 2009); Patt v. State, 876 So. 2d 1278 (Fla. 5th DCA 2004); Brown v. State, 847 So. 2d 1020 (Fla. 5th DCA 2003). Accordingly, we affirm the revocation of probation and the sentence announced, but remand this [*929] matter to the trial c…
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Bush v. State, 188 So. 3d 909 (Fla. 5th DCA 2016)…’s decision, we are compelled to remand because, as the State properly concedes, the trial court failed to enter a written order specifying the probation conditions violated. See Bell v. State, 60 So. 3d 558, 558 (Fla. 5th DCA 2011); Young v. State, 4 So. 3d 1265, 1266 (Fla. 5th DCA 2009). Accordingly, we affirm the conviction and sentence but remand for. .entry of a proper revocation order specifying which conditions Bush was found to have violated. AFFIRMED; case REMANDED for entry of a proper adjudica…
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- Patt v. State, 876 So. 2d 1278 (Fla. 5th DCA 2004)
- Sibley v. State, 876 So. 2d 1278 (Fla. 5th DCA 2004)