DAVID HOWARD HARRISON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appellate court lacks jurisdiction because the record does not contain a written order of violation of probation signed by the judge.
The defendant's probation was reinstated after a finding of violation, but the record contained a clerk-signed 'Court Minutes/Order' instead of a judg…
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DAUKSCH, Judge.
This is an Anders appeal. The judge, after finding the defendant guilty of violat ing his probation, reinstated the probation under the same terms and conditions as in the previous order with the exception of a waiver of the cost of supervision. However, the record on appeal fails to contain a written order of violation of probation.
The record instead contains a form entitled “Court Minutes/Order” stating the judge found the defendant guilty of violating his probation but reinstated the probation under the prior conditions with the exception of the waiver of supervision costs. This form is insufficient to confer jurisdiction on this court because it is signed by the court clerk and not the judge. Even if this court had jurisdiction, the record does not contain a written order of violation of probation indicating the specific conditions the defendant violated which would necessitate reversal. Knight v. State, 566 So. 2d 339 (Fla. 1st DCA 1990); West v. State, 553 So. 2d 254 (Fla. 4th DCA 1989).
As the oral order adjudicating the defendant guilty of violating his probation is also unappealable, Torgersen v. Torgersen, 565 So. 2d 903 (Fla. 5th DCA 1990), this appeal must be dismissed.
DISMISSED.
COBB and W. SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Brown, 629 So. 2d 980 (Fla. 5th DCA 1993)…bsequently, on March 25,1993, the trial court entered a second order granting defendant’s motion to suppress. This order was filed with the clerk on March 25, 1993, and, thus, was rendered on that day. See Fla.R.App.P. 9.020(g). In Hamson v. State, 573 So. 2d 60, 61 (Fla. 5th DCA 1990), we held that a form court minutes/order did not confer jurisdiction on this court “because it [was] signed by the court clerk and not the judge.” In the present case, however, the trial judge signed the form minutes/order of…
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State v. Wagner, 825 So. 2d 453 (Fla. 5th DCA 2002)…e v. Brown, 629 So. 2d 980 (Fla. 5th DCA 1993). In doing so, we distinguished minutes signed by a judge from minutes signed only by the clerk, concluding that the latter did not constitute an order without a judge’s signature. See Harrison v. State, 573 So. 2d 60, 61 (Fla. 5th DCA 1990). An order is “a command, direction, or instruction.” Black’s Law Dictionary 1123 (7th ed.1999). It is the content of the order, not its form, that determines its efficacy. The January 23rd document, signed by the judge, gave…
Authorities Cited
- West v. State, 553 So. 2d 254 (Fla. 4th DCA 1989)
- Knight v. State, 566 So. 2d 339 (Fla. 1st DCA 1990)
- Torgersen v. Torgersen, 565 So. 2d 903 (Fla. 5th DCA 1990)