GENE E. HANKS
v.
STATE
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A trial court's judgment of community control violation must specify the particular condition(s) violated or be remanded for entry of a proper adjudicatory order, even when substantial evidence supports the violation finding.
[1] Competent substantial evidence is required to support a finding that a defendant willfully and materially violated community control.
[2] A written order adjudicating a violation of community control must specify the condition or conditions that were violated.
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Join FLexlaw to unlock all legal intelligence“we are compelled to remand here because the written order did not specify the condition of community control that Hanks was found to have violated”
Court's explanation of the reason for remand despite sufficient evidentiary support for the conviction
Hanks was sentenced to community control and allegedly violated its conditions. The trial court found him guilty of a willful and material violation, …
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED GENE EDWARD HANKS, Appellant,
v. Case No. 5D17-2571 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 2, 2018 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.
James S. Purdy, Public Defender, and Nicole Joanne Martingano, Assistant Public Defender, Daytona Beach, for Appellant.
Gene Edward Hanks, Lake City, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Deborah A. Chance and Allison L. Morris, Assistant Attorneys General, Daytona Beach, for Appellee.
PER CURIAM.
Gene Hanks appeals the judgment and sentence imposed by the trial court for violating his community control. We conclude that competent substantial evidence was presented at trial to support the trial judge’s decision that Hanks willfully and materially violated his community control. However, despite our reminders to trial judges that their written orders or judgments must identify which condition or conditions of probation or community control have been violated, we are compelled to remand here because the written order did not specify the condition of community control that Hanks was found to have violated. See Lowe v. State, 225 So. 3d 953 (Fla. 5th DCA 2017); Biser v. State,
157 So. 3d 539 (Fla. 5th DCA 2015); Roberts v. State, 76 So. 3d 1047 (Fla. 5th DCA
2011); Bell v. State, 60 So. 3d 558 (Fla. 5th DCA 2011); Mormon v. State, 976 So. 2d
1188 (Fla. 5th DCA 2008); Brinson v. State, 866 So. 2d 1268 (Fla. 5th DCA 2004).
Accordingly, we vacate the judgment under review and remand for entry of a proper adjudicatory order listing the specific condition of community control that Hanks was found to have violated.
JUDGMENT VACATED; REMANDED for entry of a proper adjudication order.
BERGER, WALLIS and LAMBERT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Elbert Brinson v. State, 866 So. 2d 1268 (Fla. 5th DCA 2004)
- Mormon v. State, 976 So. 2d 1188 (Fla. 5th DCA 2008)
- Bell v. State, 60 So. 3d 558 (Fla. 5th DCA 2011)
- Roberts v. State, 76 So. 3d 1047 (Fla. 5th DCA 2011)
- Lowe v. State, 225 So. 3d 953 (Fla. 5th DCA 2017)
- Biser v. State, 157 So. 3d 539 (Fla. 5th DCA 2015)