JAMES EDWARD SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We previously reversed and remanded because we concluded that only one of the grounds recited by the trial court for revocation of appellant’s probation was valid. Williams v. State, 475 So. 2d 272 (Fla. 4th DCA 1985). On remand, the trial court, based on the evidence at the prior hearing, came to the same conclusion, and sentenced appellant. It failed to enter a formal order of revocation of probation. Appellant claims error because the trial court would not allow a second evidentiary hearing. Wé hold that it was not necessary for it to do so as appellant was given an opportunity to explain his failure to file monthly reports at the initial hearing. Accordingly, we affirm but remand with direction to enter a formal order of revocation of probation, nunc pro tunc December 9, 1985.
GLICKSTEIN, WALDEN and STONE, JJ., concur.
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Donley v. State, 557 So. 2d 943 (Fla. 2d DCA 1990)…ers are sufficient. When a court finds that a probationer has violated his probation, it must enter a formal order setting forth the conditions that it finds were violated. Cornett v. State, 506 So. 2d 88 (Fla. 2d DCA 1987). See also Smith v. State, 492 So. 2d 1099 (Fla. 4th DCA 1986). We, accordingly, remand with directions to enter proper probation violation orders. The appellant need not be present for this purpose. We affirm in all other respects. Affirmed, but remanded with instructions. RYDER, A.C.J.…
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Cornett v. State, 506 So. 2d 88 (Fla. 2d DCA 1987)…uniform commitment to custody, both of which indicate probation violation, suffice as a formal order of revocation of probation. Accordingly, we reverse with directions that the trial judge enter an order of probation violation. See Smith v. State, 492 So. 2d 1099 (Fla. 4th DCA 1986). The defendant need not be present for this purpose. With regard to parole eligibility, we acknowledge in this opinion that the defendant is eligible to be considered for parole in view of the fact that his sentence was not imp…
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Gaal v. State, 599 So. 2d 723 (Fla. 1st DCA 1992)…ired, none appears in the record. We direct that, on remand, the trial court enter a formal order of revocation of probation indicating the specific condition of probation violated. Cornett v. State, 506 So. 2d 88 (Fla. 2d DCA 1987); Smith v. State, 492 So. 2d 1099 (Fla. 4th DCA 1986). Condition (23) of the Order of Probation orders Gaal to “abide by previously ordered conditions of probation” and essentially restates a verbal condition ordered by the trial court at the revocation hearing. Because Gaal’s exte…
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- Williams v. State, 475 So. 2d 272 (Fla. 4th DCA 1985)