JOSEPHUS WILLIAMS
v.
STATE OF FLORIDA

Fla. 2d DCA | 2019-09-13
No. 18-2987
Khouzam, C.J., Northcutt, J., Black, J., Roberts, J.
Florida District Court of Appeal, Second District (2019)

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Holding

A revocation order must specify the particular probation conditions that were violated.


Headnotes

[1] A probation revocation order must specify the particular conditions of probation that the trial court found were violated.

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Facts & Procedural History

Williams was alleged to have violated condition five of his probation by failing to live without violating any law. Following an evidentiary hearing, …

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Opinion of the Court
Black

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

JOSEPHUS WILLIAMS, ) ) Appellant, ) ) v. ) Case No. 2D18-2987 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) Opinion filed September 13, 2019. Appeal from the Circuit Court for Sarasota County; Charles E. Roberts, Judge. Howard L. Dimmig, II, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee. KHOUZAM, Chief Judge. This is Josephus Williams' Anders1 appeal of the revocation of his probation and the resulting sentence of fifteen years in prison for fleeing or attempting to 1Anders v. California, 386 U.S. 738 (1967).

elude a law enforcement officer. We affirm in all respects except we remand for the entry of an amended revocation order. The record shows that an affidavit was filed alleging Williams had committed three violations of condition five of his probation by failing to live without violating any law. Following an evidentiary hearing, the court found that Williams had willfully and substantially violated his probation and a revocation order was entered. However, the revocation order does not specify the conditions that Williams was found to have violated. Accordingly, we must remand for the entry of an order that delineates the specific conditions Williams was found to have violated. See Montonez v. State, 724 So. 2d 650, 651 (Fla. 2d DCA 1999). Affirmed and remanded with instructions. NORTHCUTT and BLACK, JJ., Concur.


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