ELIEZER VAZQUEZ DIAZ
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-03-20
No. 19-2722
Harris, J., Edwards, J., Grosshans, J., Wooten, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

A judgment revoking probation must be affirmed, but the case must be remanded for entry of an amended judgment identifying the specific probation terms violated.


Headnotes

[1] A judgment revoking probation must identify the specific terms of probation that were violated.

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Facts & Procedural History

Eliezer Vazquez-Diaz was convicted and sentenced to probation. The trial court revoked his probation, but the judgment did not specify which terms of …

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Opinion of the Court
Harris

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

ELIEZER VAZQUEZ-DIAZ,

Appellant,

v. Case No. 5D19-2722

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed March 20, 2020

Appeal from the Circuit Court for Osceola County, Wayne C. Wooten, Judge.

James S. Purdy, Public Defender, and Craig R. Atack, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, J.

We affirm Eliezer Vazquez-Diaz’s judgment and sentence. However, we remand this matter with instructions for the trial court to enter an amended judgment and sentence that identifies the terms of probation Vazquez-Diaz violated. See Patt v. State, 876 So. 2d 1278 (Fla. 5th DCA 2004) (affirming order revoking probation but remanding for entry

2 of order reflecting correct grounds for revocation); Brinson v. State, 866 So. 2d 1268, 1269 (Fla. 5th DCA 2004) (same).

AFFIRMED and REMANDED with instructions. EDWARDS and GROSSHANS, JJ., concur.


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