T.M.F.
v.
STATE
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Written probation violation orders must conform to the trial court's oral pronouncement and must specify which conditions of probation were violated.
[1] A written probation violation order must conform to the trial court's oral pronouncement and must specify in the written order which conditions of probation the defendant…
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Join FLexlaw to unlock all legal intelligence“the written probation revocation order 'must conform to the trial court's oral pronouncement'”
Court citing Rodriguez v. State for the requirement that written orders match oral pronouncements
T.M.F., a juvenile, was adjudicated delinquent for five counts of burglary of a conveyance, six counts of criminal mischief, and one count of resistin…
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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
T.M.F., A CHILD,
Appellant,
v. Case Nos. 5D17-2299 & 5D17-2300
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed October 19, 2018
Appeal from the Circuit Court for Orange County, Sally D.M. Kest, Judge.
James S. Purdy, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm, without discussion, the trial court’s order withholding adjudication of delinquency and placing T.M.F. on juvenile probation for five counts of burglary of a conveyance, six counts of criminal mischief, and a single count of resisting a law enforcement officer without violence. We also affirm the trial court’s finding that these
2 new law violations, as well as a curfew violation, constituted violations of probation (VOPs) in two separate cases.1 However, because the VOP orders fail to conform to the oral pronouncement2 and fail to specify the conditions of probation T.M.F. violated, we remand for entry of new written orders specifying that T.M.F. violated condition1 of the orders of probation, as well as the special condition imposing a curfew. See Rodriguez v. State, 777 So. 2d 1175, 1175 (Fla. 4th DCA 2001) (holding the written probation revocation order "must conform to the trial court’s oral pronouncement" (citing Robinson v. State, 763 So. 2d 1058, 1059 (Fla. 4th DCA 1999))); see also Manis v. State, 30 So. 3d 586, 587 (Fla. 5th DCA 2010) (finding that the trial court in a VOP case "must specify in the written order or judgment what conditions the defendant violated" (quoting Mormon v. State, 976 So. 2d 1188, 1189 (Fla. 5th DCA 2008))); accord Kadyebo v. State, 15 So. 3d 928 (Fla. 5th DCA 2009) (citing Young v. State, 4 So. 3d 1265 (Fla. 5th DCA 2009)).
AFFIRMED; REMANDED FOR ENTRY OF NEW ORDER. ORFINGER, EVANDER and BERGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Latonya Young v. State, 4 So. 3d 1265 (Fla. 5th DCA 2009)
- Rodriguez v. State, 777 So. 2d 1175 (Fla. 4th DCA 2001)
- Mormon v. State, 976 So. 2d 1188 (Fla. 5th DCA 2008)
- Robinson v. State, 763 So. 2d 1058 (Fla. 4th DCA 1999)