JAMES P. MOSCHIANO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed probation revocation and five-year sentence for domestic violence aggravated battery but remanded for entry of a written order of revocation specifying violated conditions.
A circuit court must enter a written order of revocation specifying the conditions violated when revoking probation, rather than merely rendering a repeat judgment of conviction.
[1] A circuit court must enter a written order of revocation specifying the conditions violated when revoking probation, rather than rendering a repeat judgment of conviction…
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Join FLexlaw to unlock all legal intelligenceMoschiano was on an amended and reinstated term of probation for domestic violence aggravated battery when he violated its terms. He admitted the viol…
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James P. Moschiano appeals the revocation of an amended and reinstated term of probation and resulting sentence of five years’ incarceration for domestic violence aggravated battery, a second-degree felony. We find no merit in the first argument, that the circuit court abused its discretion in rejecting his claim that although he admitted the violation, it was not willful or substantial. However, we conclude his second argument is meritorious — that the circuit court erred by failing to render a written order of revocation. We therefore remand this case for entry of a written order of revocation which specifies the conditions that the circuit court found Mr. Moschiano had violated. See Dawkins v. State, 936 So.2d 710 (Fla. 2d DCA 2006) 1 ; Montonez v. State, 724 So.2d 650 (Fla. 2d DCA 1999).
Affirmed; remanded with instructions.
CASANUEVA, DAVIS, and SILBERMAN, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kiburis v. State, 18 So. 3d 1254 (Fla. 2d DCA 2009)…3.800(b), the trial court denied relief stating that “collectively, the judgment and sentence constitutes [sic] a sufficient written order revoking probation to facilitate appellate review of the revocation.” We do not agree. See Moschiano v. State, 12 So. 3d 922 (Fla. 2d DCA 2009); Dawkins v. State, 936 So. 2d 710 (Fla. 2d DCA 2006). Affirmed; remanded with instructions. CASANUEVA, C.J., and ALTENBERND and NORTHCUTT, JJ., concur.…
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Christineann D. Smolinski v. State, 153 So. 3d 378 (Fla. 2d DCA 2014)…nditions of probation Ms. Smolinski was found to have violated, this court has concluded that failure to enter a separate written order of revocation of probation is error. See Kiburis v. State, 18 So. 3d 1254 (Fla. 2d DCA 2009); Moschiano v. State, 12 So. 3d 922 (Fla. 2d DCA 2009); Dawkins v. State, 936 So. 2d 710 (Fla. 2d DCA 2006). We therefore remand this case for entry of a proper written revocation order. See Kiburis, 18 So. 3d at 1254. Affirmed; remanded with instructions. WALLACE and BLACK, JJ.,…
Authorities Cited
- Terry v. Dep't OF Corr., 936 So. 2d 710 (Fla. 1st DCA 2006)
- José A. Montonez v. State, 724 So. 2d 650 (Fla. 2d DCA 1999)