GUMERSINDO REYES II
v.
STATE OF FLORIDA
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Gumersindo Reyes II challenged the revocation of his probation in consolidated Anders appeals. The Florida Fifth District Court of Appeal affirmed the probation revocations and sentences but remanded for the trial court to enter written orders identifying the specific probation terms violated.
The court affirmed the revocations of probation and judgments and sentences, but remanded to require the trial court to enter written revocation orders that identify the specific terms and conditions of probation that were violated, as required by precedent.
[1] Written revocation orders must identify the specific terms and conditions of probation that were violated, even when the trial court makes an oral pronouncement of revoca…
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Join FLexlaw to unlock all legal intelligence“Because the records do not include written revocation orders that identify the terms and conditions of probation violated, we remand to the trial court with instructions to enter, in each case, a written revocation order that identifies the terms and conditions of probation that the trial court, in its oral pronouncement, found Reyes to have violated.”
Establishes the core requirement that written revocation orders must identify specific probation terms violated, not just oral pronouncements.
Reyes had his probation revoked in multiple cases. The trial court orally pronounced findings that Reyes violated certain terms and conditions of his …
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September 27, 2024 PER CURIAM.
In these consolidated Anders* appeals, we affirm the revocations of probation and the judgments and sentences. Because the records do not include written revocation orders that identify the terms and conditions of probation violated, we remand to the trial court with instructions to enter, in each case, a written revocation order that identifies the terms and conditions of probation that the trial court, in its oral pronouncement, found Reyes to have violated. See Morrison v. State, 369 So. 3d 779 (Fla. 5th DCA 2023) (citing Barber v. State, 342 So. 3d 297, 297 (Fla. 5th DCA 2022)).
AFFIRMED and REMANDED with instructions. MAKAR, JAY, 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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Gumersindo Reyes II v. State, 369 So. 3d 779 (Fla. 5th DCA 2024)…emand to the trial court with instructions to enter, in each case, a written revocation order that identifies the terms and conditions of probation that the trial court, in its oral pronouncement, found Reyes to have violated. See Morrison v. State, 369 So. 3d 779 (Fla. 5th DCA 2023) (citing Barber v. State, 342 So. 3d 297, 297 (Fla. 5th DCA 2022)). AFFIRMED and REMANDED with instructions. MAKAR, JAY, and PRATT, JJ., concur. _____________________________ Not final until disposition of any timely and autho…
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Gumersindo Reyes II v. State (Fla. 5th DCA 2024)…emand to the trial court with instructions to enter, in each case, a written revocation order that identifies the terms and conditions of probation that the trial court, in its oral pronouncement, found Reyes to have violated. See Morrison v. State, 369 So. 3d 779 (Fla. 5th DCA 2023) (citing Barber v. State, 342 So. 3d 297, 297 (Fla. 5th DCA 2022)). AFFIRMED and REMANDED with instructions. MAKAR, JAY, and PRATT, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App.…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Markey Morrison v. State (Fla. 5th DCA 2023)
- Gumersindo Reyes II v. State, 369 So. 3d 779 (Fla. 5th DCA 2024)