EMANUEL JASON KADYEBO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellant, Emanuel Kadyebo, seeks review of the sentence he received after the trial court’s revocation of his probation. We find no error and affirm. We note, however, that there appears to be no written order that comports with the oral pronouncements made by the trial judge in open court concerning which conditions of probation were violated. While we recognize that the trial court made findings from the bench that were supported by competent, substantial 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 *929matter to the trial court for entry of a proper violation order.
AFFIRMED and REMANDED.
GRIFFIN and TORPY, JJ., concur.
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Orion Hunter Manis v. State, 30 So. 3d 586 (Fla. 5th DCA 2010)…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 the entry of a proper VOP order setting forth the specific violatio…
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Thompson v. State, 250 So. 3d 132 (Fla. 1st DCA 2018)
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T.M.F. v. State (Fla. 5th DCA 2018)…87 (Fla. 5th DCA 2010) (finding that the trial court in a VOP case "must specify in the written order or judgment what conditions the defendant violated" (quoting Mormon v. State, 976 So. 2d 1188, 1189 (Fla. 5th DCA 2008))); accord Kadyebo v. State, 15 So. 3d 928 (Fla. 5th DCA 2009) (citing Young v. State, 4 So. 3d 1265 (Fla. 5th DCA 2009)). AFFIRMED; REMANDED FOR ENTRY OF NEW ORDER. ORFINGER, EVANDER and BERGER, JJ., concur. 1 Case numbers 5D17-2299 and 5D17-2300 were consolidated for appeal. 2 The trial…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Patt v. State, 876 So. 2d 1278 (Fla. 5th DCA 2004)
- Latonya Young v. State, 4 So. 3d 1265 (Fla. 5th DCA 2009)
- Sibley v. State, 876 So. 2d 1278 (Fla. 5th DCA 2004)
- Brown v. State, 847 So. 2d 1020 (Fla. 5th DCA 2003)