JEFFREY R. SMITH
v.
STATE OF FLORIDA
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A trial court must enter written findings specifying the probation conditions violated and documenting any danger-to-community finding when revoking probation, as required by section 948.06(8)(e), Florida Statutes.
[1] Section 948.06(8)(e), Florida Statutes, requires a trial court to enter written findings specifying the probation conditions violated and documenting any danger-to-commun…
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Join FLexlaw to unlock all legal intelligence“the written findings requirement of section 948.06(8)(e) is mandatory, not discretionary”
Court citing Barber v. State regarding the mandatory nature of written findings in probation revocation proceedings
Jeffrey R. Smith appealed a judgment and sentence entered after a violation of probation hearing. The trial court found Smith violated probation and w…
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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
JEFFREY R. SMITH,
Appellant,
v. Case No. 5D19-1521
STATE OF FLORIDA,
Appellee. ________________________________/
Opinion filed December 6, 2019
Appeal from the Circuit Court for Brevard County, Robin C. Lemonidis, Judge.
James S. Purdy, Public Defender, and Teresa
D.
Sutton, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Kristen Davenport, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
In this Anders1 appeal, Jeffery R. Smith appeals the judgment and sentence entered after a violation of probation hearing. We affirm; however, we remand for the lower court to enter a written order specifying the condition or conditions of probation that Smith was found to have violated and to enter a written order conforming to the lower
AFFIRMED; REMANDED WITH INSTRUCTIONS.
EVANDER, C.J., COHEN and WALLIS, JJ., concur.