JOHN CONRAD WYNN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the revocation of probation and community control was improper due to lack of specificity in the violation allegations and orders.
Defendant appealed the revocation of his probation and community control. The affidavit of violation did not specify the condition violated, nor did a…
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PER CURIAM.
Defendant appeals from the revocation of his probation and community control, both of which were revoked following an affidavit of violation of his community control. We reverse.
Defendant had not been charged with a violation of probation, cf. Holcombe v. State, 553 So. 2d 1337 (Fla. 1st DCA 1989), and the order of revocation does not state what terms or conditions of probation were violated, Donley v. State, 557 So. 2d 943 (Fla. 2d DCA 1990).
While, contrary to defendant’s contention, there was sufficient evidence on the basis of which to revoke defendant’s community control, the affidavit of violation of community control did not specify the condition of community control which defendant was alleged to have violated. Nor was that condition specified in an order of revocation of community control, no such written order having been entered following the court’s oral revocation of community control.1
Reversed and remanded for proceedings consistent herewith.
RYDER, A.C.J., and DANAHY and LEHAN, JJ., concur. . The lack of such a written order, by itself, is not determinative. See Clark v. State, 510 So. 2d 1202, 1204 (Fla. 2d DCA 1987).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Rollins Leon Donald v. State, 611 So. 2d 1322 (Fla. 1st DCA 1993)…nounced that it was finding appellant in violation of probation and community control and revoking the probation and community control as to each count. We therefore must reverse the revocation and sentence for violation of probation. Wynn v. State, 591 So. 2d 964 (Fla. 2d DCA 1991). As to the issue of gain time, appellant did not raise this issue in the trial court, and we are unable to ascertain whether gain time was properly calculated. We therefore affirm without prejudice to appellant raising this issu…
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Gamble v. State, 685 So. 2d 1310 (Fla. 2d DCA 1996)…ightly contends that his counsel was ineffective in failing to object to this discrepancy at sentencing. The contention is facially sufficient and, if unrefuted, may require that the finding of a violation of probation be vacated. See Wynn v. State, 591 So. 2d 964 (Fla. 2d DCA 1991). Second, Gamble asserts that his attorney failed to investigate adequately and impeach a key witness, a police officer. The trial court offered to continue the hearing in order to reschedule the deposition of the police officer w…
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Goodwin v. State, 695 So. 2d 1317 (Fla. 2d DCA 1997)…urt revoked Goodwin’s community control without entering a written revocation order. Therefore, we remand and direct the court to enter a written order stating which community control conditions Goodwin was found to have violated. See Wynn v. State, 591 So. 2d 964 (Fla. 2d DCA 1991); Clark v. State, 510 So. 2d 1202 (Fla. 2d DCA 1987)(when probation or community control is revoked, a written order must be entered by the court reciting the specific violations found). Affirmed and remanded with directions. C…
Authorities Cited
- Donley v. State, 557 So. 2d 943 (Fla. 2d DCA 1990)
- Clark v. State, 510 So. 2d 1202 (Fla. 2d DCA 1987)
- Holcombe v. State, 553 So. 2d 1337 (Fla. 1st DCA 1989)