ELMER CORNETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a written order of probation violation is required, and that the defendant is eligible for parole consideration.
The defendant pled nolo contendere to sexual battery and was placed on probation. An affidavit of violation was filed, and the trial judge found the d…
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DANAHY, Chief Judge.
In 1980 the defendant pled nolo contender e to a charge of sexual battery and was placed on probation for seven years. In 1984 an affidavit of violation of probation was filed against the defendant.
A violation of probation hearing was held and evidence submitted by the state in support of the probation violation charges. The trial judge found the defendant had violated conditions 1, 3, 4 and 5 of his probation. The defendant did not elect to be sentenced under the guidelines and received a sentence of thirty years imprisonment. He appeals, asserting two issues; first, that the trial judge erred in failing to enter a written order of probation violation, and second, that the trial judge should have noted on the sentencing order that the defendant is eligible for parole consideration.
We reject the state’s argument that the court appearance record and the 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 imposed pursuant to the sentencing guidelines.
Reversed and remanded.
SCHOONOVER and SANDERLIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Donley v. State, 557 So. 2d 943 (Fla. 2d DCA 1990)…f the seven cases. Neither the forms nor the sentencing orders 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…
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Gaal v. State, 599 So. 2d 723 (Fla. 1st DCA 1992)…hough a written probation revocation order is required, 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…
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Givens v. State, 666 So. 2d 235 (Fla. 2d DCA 1995)…ntial. We affirm the revocation. The record on appeal does not, however, contain a formal order of revocation of community control. We remand and direct the trial court to enter a written order of revocation of community control. Cornett v. State, 506 So. 2d 88 (Fla. 2d DCA 1987); see also Haynes v. State, 571 So. 2d 1380 (Fla. 2d DCA 1990). The appellant need not be present. Affirmed; remanded. PARKER and WHATLEY, JJ., concur.…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Smith v. State, 492 So. 2d 1099 (Fla. 4th DCA 1986)
- Koch v. Berkey Film Processing, 492 So. 2d 1099 (Fla. 4th DCA 1986)