KENNETH MURPHY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that while community control revocation was proper based on independent proof of law violation, a written order specifying the violated conditions is required.
Appellant was found to have violated community control by failing to remain at his residence and by committing disorderly intoxication. The trial cour…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Written Order Requirement cases and more on FLexlaw
PER CURIAM.
Murphy appeals from a final order that he violated the terms and conditions of community control. Appellant asserts that the trial court erred in revoking his community control based on a prior uncounseled plea in a disorderly intoxication case. We find that it is unnecessary to reach this argument as the state presented independent proof of appellant’s violation of the law, and the trial court made an independent finding concerning this violation. We thus affirm as to this point. We do, however, remand because the trial court failed to enter a written order specifying which conditions of community control had been violated.
Appellant was charged with violating a number of conditions of community control. The trial court found appellant violated condition (11) of probation by failing to remain at his approved place of residence during times he was required to be there, and that he violated condition (5) by failing to remain at liberty without violating the law in that he had committed the offense of disorderly intoxication.
At the conclusion of the hearing, the trial court also found that several of the challenged violations had not been proven. The final written order, while revoking community control, does not state which conditions have been violated. The order of revocation must state the conditions which were violated. Haynes v. State, 571 So. 2d 1880 (Fla. 2d DCA 1990). We, thus, reverse and remand for entry of a written order specifying the conditions which had been violated, in conformance with the court’s oral pronouncement.
SMITH, ALLEN and WOLF, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Blair v. State, 636 So. 2d 784 (Fla. 1st DCA 1994)…not plead guilty to the alleged violation of probation, but rather was found to have violated probation after an evidentiary hearing. On the merits of the appeal, an order of revocation must state the conditions which were violated. Murphy v. State, 612 So. 2d 676, 677 (Fla. 1st DCA 1993). We therefore reverse the revocation order appealed herein, and remand for entry of a written order specifying the violated condition, in conformance with the trial court’s oral pronouncement. Murphy, 612 So. 2d at 677. Rev…1 / 2
-
Bass v. State, 662 So. 2d 1024 (Fla. 5th DCA 1995)…Judge. An order revoking probation must state the probationary condition(s) which the trial court found was violated. Blair v. State, 636 [*1025] So. 2d 784 (Fla. 1st DCA 1994); Titus v. State, 685 So. 2d 1027 (Fla. 1st DCA 1994); Murphy v. State, 612 So. 2d 676 (Fla. 1st DCA 1993); Haynes v. State, 571 So. 2d 1380 (Fla. 2d DCA 1990). The order entered here does not and, therefore, must be reversed. The cause is remanded for entry of a written order specifying the condition of probation which the defendant…
-
Titus v. State, 635 So. 2d 1027 (Fla. 1st DCA 1994)…not plead guilty to the alleged violation of probation, but rather was found to have violated probation after an evidentiary hearing. On the merits of the appeal, an order of revocation must state the conditions which were violated. Murphy v. State, 612 So. 2d 676, 677 (Fla. 1st DCA 1993). We therefore reverse the revocation order appealed herein, and remand for entry of a written order specifying the violated condition, in conformance with the trial court’s oral pronouncement. Murphy, 612 So. 2d at 677. Rev…1 / 2
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence