RICHARD WALLACE KIBURIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Richard Wallace Kiburis appeals the revocation of his probation and resulting prison sentence. We affirm the judgment and sentence but remand for entry of a written order of revocation of probation.
When Mr. Kiburis attempted to correct the trial court’s failure to render a separate written order of revocation by filing a motion pursuant to Florida Rule of Criminal Procedure 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Pierce v. State, 150 So. 3d 1207 (Fla. 2d DCA 2014)…, 23 So. 3d 813 (Fla. 2d DCA 2009); Johnson v. State, 17 So. 3d 1290 (Fla. 2d DCA 2009). We have made this observation in cases arising from at least one other circuit as well. See Bush v. State, 135 So. 3d 1108 (Fla. 2d DCA 2013); Kiburis v. State, 18 So. 3d 1254 (Fla. 2d DCA 2009). In Jackson v. State, 56 So. 3d 65 (Fla. 2d DCA 2011), the author of this opinion pointed out in a concurrence that the Department of Corrections was contributing to this problem by the language used in the form it required the c…
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Miller v. State, 90 So. 3d 924 (Fla. 2d DCA 2012)…the State had proved a new law violation by the preponderance of the evidence. However, in his second issue, Mr. Miller correctly argues that the trial court erred by failing to enter a written order of revocation of probation. See Kiburis v. State, 18 So. 3d 1254, 1254 (Fla. 2d DCA 2009). Consequently, we remand for entry of a proper written order. Id. Affirmed; remanded with instructions. WALLACE and BLACK, JJ., Concur.…
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Christineann D. Smolinski v. State, 153 So. 3d 378 (Fla. 2d DCA 2014)…Although the Order of Community Control reflects the conditions 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;…
Authorities Cited
- Terry v. Dep't OF Corr., 936 So. 2d 710 (Fla. 1st DCA 2006)
- Moschiano v. State, 12 So. 3d 922 (Fla. 2d DCA 2009)