RICKY VIVEIROS
v.
STATE
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A judgment and sentence must be affirmed, but the trial court must enter a written order specifying the conditions of violation that were orally announced and reflecting only the violations actually proceeded on by the State.
[1] When a trial court orally announces conditions of violation at sentencing, it must enter a written order specifically reflecting those conditions, and the written order m…
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Join FLexlaw to unlock all legal intelligenceRicky Viveiros was convicted and sentenced by the trial court, which orally announced conditions of violation. The record showed two condition 5 viola…
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PER CURIAM.
We affirm, without further discussion, Ricky Viveiros’s judgment and sentence imposed in this case. However, we remand for the trial court to enter a written order to specifically reflect the conditions of violation that the trial court orally announced. See Lewis v. State, 8 So. 3d 370, 371 (Fla. 5th DCA 2009); Payne v. State, 920 So. 2d 742, 743 (Fla. 5th DCA 2006). Further, the record reflects two condition 5 violations but the State only proceeded on one condition 5 violation. On remand, the written order should only reflect the violation for disorderly intoxication. See Kemp v. State, 135 So. 3d 347, 347-48 (Fla. 1st DCA 2013).
AFFIRMED and REMANDED with Instructions.
ORFINGER, BERGER and EISNAUGLE, JJ., concur.
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Citator
Authorities Cited
- Kemp v. State, 135 So. 3d 347 (Fla. 1st DCA 2013)
- Lewis v. State, 8 So. 3d 370 (Fla. 5th DCA 2009)
- Michael v. State, 920 So. 2d 742 (Fla. 5th DCA 2006)