CHRISTOPHER J. PATT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court erred by failing to issue a written order detailing the specific conditions of community control that were violated.
The State filed an affidavit charging the defendant with violating his community control. A hearing was held, and the trial court orally found violati…
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PALMER, J.
Christopher Patt (defendant) appeals the final order, entered by the trial court finding him guilty and sentencing him to prison for violating his community control. Concluding that the trial court erred by failing to issue a written order setting forth specific findings as to which conditions of the defendant’s community control had been violated, we remand for entry of a proper adjudication order. The State filed an affidavit charging the defendant with violating his community control in several different ways. A hearing was held and testimony was presented as to each of those alleged violations. At the conclusion of the testimony, the trial court issued a ruling from the bench finding that the defendant had violated his community control and stating which of the conditions had been violated. The defendant contends that the trial court reversibly erred in failing to issue a written order setting forth said findings.
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 the trial court’s conclusion of a willful and substantial violation of community control. Therefore, we affirm the revocation of Patt’s community control and remand the matter for entry of a proper adjudication order. AFFIRMED and REMANDED for entry of a proper adjudication order. PETERSON and ORFINGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (17 total)
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Latonya Young v. State, 4 So. 3d 1265 (Fla. 5th DCA 2009)…iolated her probation because she committed a new law violation, contrary to condition 5 of her probation. We remand this case, nevertheless, with instructions that the trial court reduce its oral pronouncement to a written order. See Patt v. State, 876 So. 2d 1278 (Fla. 5th DCA 2004) (affirming revocation of community control and remanding for entry of written order). There is insufficient evidence to support the trial court’s oral findings that Appellant violated other conditions of her probation, and theref…
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Bell v. State, 60 So. 3d 558 (Fla. 5th DCA 2011)…idence to support the trial court’s decision, we are compelled to remand because the trial court failed to enter a written order specifying the probation conditions violated.1 See Mormon v. State, 976 So. 2d 1188 (Fla. 5th DCA 2008); Patt v. State, 876 So. 2d 1278 (Fla. 5th DCA 2004); Brinson v. State, 866 So. 2d 1268 (Fla. 5th DCA 2004). We, therefore, vacate the judgment under review and remand for entry of a proper order specifying which conditions Bell was found to have violated. Judgment VACATED; cas…
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Kadyebo v. State, 15 So. 3d 928 (Fla. 5th DCA 2009)…al evidence, the appellant is unquestionably entitled to a correct written revocation order that conforms to the oral pronouncements finding him in willful violation of probation. See Young v. State, 4 So. 3d 1265 (Fla. 5th DCA 2009); Patt v. State, 876 So. 2d 1278 (Fla. 5th DCA 2004); Brown v. State, 847 So. 2d 1020 (Fla. 5th DCA 2003). Accordingly, we affirm the revocation of probation and the sentence announced, but remand this [*929] matter to the trial court for entry of a proper violation order. AFFIRM…
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Elbert Brinson v. State, 866 So. 2d 1268 (Fla. 5th DCA 2004)
- Barta v. State, 678 So. 2d 923 (Fla. 5th DCA 1996)
- Gould v. State, 675 So. 2d 259 (Fla. 5th DCA 1996)