KAYLIN MARIE HEVIA
v.
STATE OF FLORIDA
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A probation violation finding supported by competent, substantial evidence is affirmed on appeal, but the trial court must enter a written order specifying which probation conditions were violated and whether the violations were willful and substantial.
[1] A trial court's probation violation finding supported by competent, substantial evidence must be reduced to a written order specifying which probation conditions were vio…
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Join FLexlaw to unlock all legal intelligenceKaylin Hevia was found in violation of her probation and sentenced to 120 days in jail with credit for 30 days. The trial court issued its ruling from…
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February 16, 2024 PER CURIAM.
Kaylin Hevia appeals from the trial court’s order finding her in violation of her probation and sentencing her to a term of 120 days in jail with credit for 30 days. On review of the record, we reject Appellant’s argument that the trial court prejudged the matter, as well as Appellant’s argument that the trial court erred
in its finding of a violation. However, although the trial court issued a ruling from the bench finding that Appellant had violated her probation and stating the conditions that had been violated, the trial court failed to enter an order that set forth in writing the conditions that were found to have been violated and whether those violations were willful and substantial. Because the trial court’s findings are supported by competent, substantial evidence and, if reduced to writing, would be adequate to sustain the trial court’s finding of a willful and substantial violation of probation, we affirm but remand the matter for entry of a proper order. See Fla. R. App. P. 9.020(h); see also Perez v. State, 958 So. 2d 1076 (Fla. 5th DCA 2007); Barta v. State, 678 So. 2d 923 (Fla. 5th DCA 1996).
AFFIRMED; REMANDED for Entry of a Proper Order. EDWARDS, C.J., and WALLIS and PRATT, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Citator
Authorities Cited
- Barta v. State, 678 So. 2d 923 (Fla. 5th DCA 1996)
- Perez v. State, 958 So. 2d 1076 (Fla. 5th DCA 2007)