JONATHAN WAYNE JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1994-06-07
No. 93-3041
ZEHMER, C.J., and WEBSTER, J., concur.
638 So. 2d 126 Florida District Court of Appeal, First District (1994) Positive Treatment
Cited by 33 cases

Opinion of the Court
WENTWORTH, Senior Judge.

WENTWORTH, Senior Judge.

Although we affirm the trial court’s order sentencing Appellant to 5½ years in prison for violating his probation, a review of the record indicates that the trial court failed to file a written order revoking Appellant’s probation. The trial court must enter a written order specifying the terms and conditions of probation that have been violated. Robinson v. State, 609 So. 2d 89 (Fla. 1st DCA 1992); Frazier v. State, 571 So. 2d 593 (Fla. 2d DCA 1990).

Accordingly, this case is remanded for the entry of a written order of revocation that specifies the particular probation conditions that were violated. The Appellant does not have to be present. See Frazier v. State, 571 So. 2d at 594.

ZEHMER, C.J., and WEBSTER, J., concur.


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Cited By (17 total)

  • Perkins v. State, 842 So. 2d 275 (Fla. 1st DCA 2003)
    …t in this ease. REVERSED. VAN NORTWICK and HAWKES, JJ., CONCUR. . Although not an issue on appeal, we note that a trial court must enter a written order specifying the terms and conditions of probation that have been violated. See Jones v. State, 638 So. 2d 126 (Fla. 1st DCA 1994).…
  • Mitchell v. State, 42 Fla. L. Weekly D2286 (Fla. 3d DCA 2018)
    …ed to the trial court’s oral findings at the revocation hearing). Accordingly, we remand for the trial court to enter a written order of revocation of probation.2 Mitchell need not be present for the entry of the written order. Jones v. State, 638 So. 2d 126, 127 (Fla. 1st DCA 1994). Remanded with directions. 2 Mitchell does not assert that the trial court erred in finding that he violated his probation, and we express no opinion on the issue. Upon the trial court’s entry of a written order, Mitchell…
  • Bishop v. State, 21 So. 3d 830 (Fla. 1st DCA 2008)
    …ue in this appeal, we note, as we did in Perkins v. State, 842 So. 2d 275, 277 n. 1 (Fla. 1st DCA 2003), that a trial court must enter a written order specifying the terms and conditions of probation that have been violated. See also Jones v. State, 638 So. 2d 126, 127 (Fla. 1st DCA 1994). . The supreme court later clarified that holding, explaining that a pocketknife with a blade [*832] shorter than four inches could be considered a weapon if “other characteristics of the knife, how it is carried, or how it…

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