ANDREW GREENE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that while the judgment revoking probation and imposing sentence could be affirmed, a proper written order specifying the violated conditions was required.
[1] A trial court's judgment and sentence revoking probation may be affirmed even if a separate order of revocation has not been entered.
[2] Appellate jurisdiction is perfected by the entry of a proper order of revocation of probation.
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Join FLexlaw to unlock all legal intelligenceAndrew Greene appealed his probation violation judgment and sentence. His counsel filed an Anders brief, and Greene did not reserve the right to appea…
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LaROSE, Judge.
Andrew Greene appeals the judgment and sentence imposed upon him after he admitted to violating the terms of his probation. We affirm but remand solely for entry of a proper order revoking probation.
Mr. Greene’s appellate counsel filed an Anders1 brief; Mr. Greene did not reserve the right to appeal a dispositive issue or preserve any other matters regarding his plea and sentence. See Fla. R.App. P. 9.140(b)(2)(A)(i)-(ii). Mr. Greene’s admission to the violation of probation was voluntary and informed. His sentence was lawful. The trial court filed a judgment and sentence stating that it revoked Mr. Greene’s probation. The trial court did not enter a separate order of revocation identifying the conditions of probation that Mr. Greene violated. Generally, we will relinquish jurisdiction to the trial court for entry of an order of revocation of probation. Such an order perfects our jurisdiction. See Fla. R.App. P. 9.140(b)(1)(D); Dolinger v. State, 779 So. 2d 419, 420-21 (Fla. 2d DCA 2000). A proper order of revocation will identify the specific conditions of probation violated by the defendant. Greer v. State, 831 So. 2d 1261, 1262 (Fla. 2d DCA 2002).
In Mr. Greene’s case, we relinquished jurisdiction to the trial court for entry of the necessary order. The trial court then entered an order noting the revocation and explaining the sentence imposed on Mr. Greene. However, the order did not identify the condition(s) violated. Despite this omission, we are able to affirm the judgment revoking Mr. Greene’s probation and imposing sentence. We remand, however, solely for entry of a written revocation order specifying the condition(s) of probation that Mr. Greene violated. See Dolinger, 779 So. 2d at 421; Greer, 831 So. 2d at 1262; Rey v. State, 904 So. 2d 566 (Fla. 4th DCA 2005); Riley v. State, 884 So. 2d 1038 (Fla. 4th DCA 2004).
Affirmed; remanded with directions.
CANADY and WALLACE, JJ„ Concur. . Anders v, California, 386 U.S. 738, 87 S.Ct 1396, 18 L.Ed.2d 493 (1967).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Reggie Bernard Mills v. State, 948 So. 2d 994 (Fla. 4th DCA 2007)…have violated. See Rey v. State, 904 So. 2d 566 (Fla. 4th DCA 2005), Riley v. State, 884 So. 2d 1038 (Fla. 4th DCA 2004), Anderson v. State, 879 So. 2d 688 (Fla. 4th DCA 2004), Campbell v. State, 776 So. 2d 1036 (Fla. 4th DCA 2001), Greene v. State, 919 So. 2d 684 (Fla. 2d DCA 2006). We note that the judge specified those conditions on the record, but a written order is required to incorporate those findings. Affirmed and Remanded. GUNTHER, STONE and FARMER, JJ., concur. . Anders v. California, 386…
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Huggins v. State, 216 So. 3d 785 (Fla. 2d DCA 2017)…probation entered on December 4, 2016, does not identify the conditions found to have been violated. We remand solely for entry of a corrected revocation order specifying the condition(s) of probation that Mr. Huggins violated. See Greene v. State, 919 So. 2d 684, 686 (Fla. 2d DCA 2006) (“A proper order of revocation will identify the specific conditions of probation violated by the defendant.”). Affirmed; remanded with directions. NORTHCUTT, CASANUEVA, and MORRIS, JJ., Concur. . Anders v. California,…
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L.D. v. State, 107 So. 3d 514 (Fla. 2d DCA 2013)…the court shall correct the written disposition order to reflect the court’s oral pronouncement. See id. Finally, the court erred by not entering a written revocation order specifying the conditions of probation L.D. violated. See Greene v. State, 919 So. 2d 684 (Fla. 2d DCA 2006). Thus, upon remand, we direct the court to enter such an order. Affirmed in part, reversed in part, and remanded with directions. DAVIS, J., and PETERS, R. TIMOTHY, Associate Judge, Concur.…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Riley v. State, 884 So. 2d 1038 (Fla. 4th DCA 2004)
- Adams v. State, 779 So. 2d 419 (Fla. 2d DCA 2000)
- REY v. State, 904 So. 2d 566 (Fla. 4th DCA 2005)
- Greer v. State, 831 So. 2d 1261 (Fla. 2d DCA 2002)