RICHARD MAXLOW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appellant waived the argument that a probation condition was too vague, but that the trial court erred by not entering a written order specifying the violations found.
Richard Maxlow appealed the revocation of his probation, arguing that a condition was too vague and that his actions did not constitute a willful viol…
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PER CURIAM.
Richard Maxlow appeals the revocation of his probation. He raises several contentions, two of which we find to have merit.
First, Maxlow contends the condition he was found to have violated — that he have no contact with the victim — is invalid because it is too vague. We hold that Maxlow waived this issue by not raising it with the trial court either when the condition was originally imposed or through a motion to strike. Medina v. State, 604 So. 2d 30 (Fla. 2d DCA 1992).
Second, Maxlow contends in the alternative that his actions did not constitute a willful and substantial violation of the condition. We disagree. The victim and her mother testified that they saw Maxlow drive down the dead-end street on which their house is located and that he does not know anybody else who lives on that street. Although Maxlow testified that he did not drive down the street, the veracity of the witnesses’ testimony was for the trial court to determine, and we hold that the court did not abuse its discretion in this regard.
Third, Maxlow contends, and the state agrees, that the trial court erred in revoking his probation without entering a written order setting forth the specific violations the court found he had committed. Clark v. State, 510 So. 2d 1202 (Fla. 2d DCA 1987). We agree and remand for entry of a written order conforming to the court’s pronouncements at the revocation hearing.
Finally, Maxlow notes that his order of probation mistakenly indicates that he pled guilty to the violation charges. The record contains a plea of not guilty entered by Maxlow subsequent to the entry of the original affidavit of violation of probation. Thus, upon remand, we direct the trial court to correct the order of probation to reflect that Maxlow entered a plea of not guilty to the violation charges.
We affirm the revocation of probation but remand with the directions specified above.
FRANK, C.J., and PARKER and LAZZARA, JJ., concur.
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Maddox v. State, 760 So. 2d 89 (Fla. 2000)…e No. 95,060), claims that a statutory condition of probation is unconstitutionally vague. Even before the Act, however, the Second District found that a claim that a condition of probation is vague must be preserved for appeal. See Maxlow v. State, 636 So. 2d 548 (Fla. 2d DCA 1994); Medina v. State, 604 So. 2d 30 (Fla. 2d DCA 1992). The Fifth District cited Maxlow as authority in this case, see Rider, 724 So. 2d at 619, and we agree that this challenge should have been preserved for appellate review in the t…
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Remich v. State, 696 So. 2d 1270 (Fla. 2d DCA 1997)…affirm the trial court’s ruling on this ground. Although we affirm revocation of Re-mich’s community control, we must nevertheless remand for further proceedings. A revocation order must set forth the specific conditions violated. Maxlow v. State, 636 So. 2d 548 (Fla. 2d DCA 1994); Haynes, 571 So. 2d at 1381-82. The trial court failed to enter such an order in this case. Accordingly, we remand to the trial court for entry of a written order setting forth Remich’s violations of condition ten of the community…
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Mosley v. State, 654 So. 2d 1019 (Fla. 1st DCA 1995)…PER CURIAM. We affirm the judgment and sentence but remand to the trial court with directions to enter a written order of probation revocation. Maxlow v. State, 636 So. 2d 548 (Fla. 2d DCA 1994). Appellant need not be present for this purpose. Sing Eng v. State, 350 So. 2d 559 (Fla. 2d DCA 1977). WOLF, WEBSTER and LAWRENCE, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Clark v. State, 510 So. 2d 1202 (Fla. 2d DCA 1987)
- Medina v. State, 604 So. 2d 30 (Fla. 2d DCA 1992)