SYLVESTER MORMON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SAWAYA, J.
Sylvester Mormon appeals the judgment and sentence imposed by the trial court after it found that Mormon violated his probation. Mormon contends that the trial court erred in concluding that he violated his probation based on the finding that he provided a false name to a law enforcement officer. We affirm on this issue. See Oslin v. State, 912 So. 2d 672 (Fla. 5th DCA 2005).
Mormon also contends that the trial court failed to specify in the written judgment what conditions of probation he violated. He argues that the judgment must, therefore, be vacated. We agree. This court has consistently held that the trial judge must specify in the written order or judgment what conditions the defendant violated. Brinson v. State, 866 So. 2d 1268, 1269 (Fla. 5th DCA 2004); Barta v. State, 678 So. 2d 928 (Fla. 5th DCA 1996); Forget v. State, 675 So. 2d 259 (Fla. 5th DCA 1996). We, therefore, vacate the judgment under review and remand for entry of a proper judgment specifying which conditions Mormon was found to have violated.
Order VACATED; case REMANDED.
TORPY and EVANDER, JJ., concur.
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Bell v. State, 60 So. 3d 558 (Fla. 5th DCA 2011)…obation. Although there was substantial competent evidence 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…
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Orion Hunter Manis v. State, 30 So. 3d 586 (Fla. 5th DCA 2010)…rsal. Here, the trial court’s verbal ruling is ambiguous and there is no written VOP order. This court has consistently held that a “trial judge must specify in the written order or judgment what conditions the defendant violated.” Mormon v. State, 976 So. 2d 1188, 1189 (Fla. 5th DCA 2008). Accord Kadyebo v. State, 15 So. 3d 928 (Fla. 5th DCA 2009); Young v. State, 4 So. 3d 1265 (Fla. 5th DCA 2009). Accordingly, we vacate the defendant’s judgments and sentences, and remand this matter to the trial court for t…
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Roberts v. State, 76 So. 3d 1047 (Fla. 5th DCA 2011)…violated. This court has consistently held that the trial judge must specify, in the written order or judgment, 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 Sta…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Elbert Brinson v. State, 866 So. 2d 1268 (Fla. 5th DCA 2004)
- Herve Jean-Mary v. State, 678 So. 2d 928 (Fla. 3d DCA 1996)
- Gould v. State, 675 So. 2d 259 (Fla. 5th DCA 1996)
- Kervince Oslin v. State, 912 So. 2d 672 (Fla. 5th DCA 2005)