JOSEPH PAUL BARTA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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COBB, Judge.
There is one issue posed by this appeal: was this court correct in our holding in Bass v. State, 662 So. 2d 1024 (Fla. 5th DCA 1995), that an order revoking probation must state in writing the probationary condition(s) which the trial court found was violated. The state contends that the trial court’s oral factual findings, which are contained in the transcript, are sufficient.
Bass is consistent not only with opinions from the First and Second Districts, but also with Florida Rule of Appellate Procedure 9.020(g), which states: “An order is rendered when a signed, written order is filed with the clerk of the lower tribunal.” Accordingly, this cause is reversed and remanded for entry of a written order specifying the condition® of probation which the defendant violated.
REVERSED AND REMANDED.
W. SHARP, and GOSHORN, JJ., concur.
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Elbert Brinson v. State, 866 So. 2d 1268 (Fla. 5th DCA 2004)…ers. See State v. Wagner, 863 So. 2d 1224 (Fla.2004). In addition, our court has consistently ruled that an order revoking probation must state in writing the probationary conditions which the trial court found to have been violated. Barta v. State, 678 So. 2d 923 (Fla. 5th DCA 1996); Forget v. State, 675 So. 2d 259 (Fla. 5th DCA 1996). Accordingly, the trial court’s sentencing order is vacated and this matter is remanded for entry of a proper adjudication order. Sentencing order VACATED and case REMANDED f…
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Patt v. State, 876 So. 2d 1278 (Fla. 5th DCA 2004)…ngs. While our court has consistently ruled that an order revoking community control must state in writing the conditions which the trial court found to have been violated, see Brinson v. State, 866 So. 2d 1268 (Fla. 5th DCA 2004); Barta v. State, 678 So. 2d 923 (Fla. 5th DCA 1996); Forget v. State, 675 So. 2d 259 (Fla. 5th DCA 1996), we recognize that the trial court made findings from the bench, supported by competent, substantial evidence, that would, if reduced to writing, have been adequate to sustain…
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Roberts v. State, 76 So. 3d 1047 (Fla. 5th DCA 2011)…nt, which conditions of probation or community control have been violated. Bell v. State, 60 So. 3d 558 (Fla. 5th DCA 2011); Mormon v. State, 976 So. 2d 1188 (Fla. 5th DCA 2008); Brinson v. State, 866 So. 2d 1268 (Fla. 5th DCA 2004); Barta v. State, 678 So. 2d 923 (Fla. 5th DCA 1996). There is no written order in the instant case, and the judgment does not indicate which conditions were violated. The State agrees that the instant case should be remanded for the entry of a judgment specifying which conditions…
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- Pegues v. Malanie C. Pegues, 662 So. 2d 1024 (Fla. 5th DCA 1995)
- Bass v. State, 662 So. 2d 1024 (Fla. 5th DCA 1995)