JOSHUA M. BELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Bell appeals from the judgment and sentence imposed by the trial court after it found that he had violated his probation. 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 was found to have violated.
Judgment VACATED; case REMANDED for entry of a proper adjudication order.
PALMER, EVANDER and COHEN, JJ., concur.
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Roberts v. State, 76 So. 3d 1047 (Fla. 5th DCA 2011)…to enter a written order stating the conditions he 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 doe…
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Lowe v. State, 225 So. 3d 953 (Fla. 5th DCA 2017)…v. State, 76 So. 3d 1047, 1048 (Fla. 5th DCA 2011) (“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.” (citing Bell v. State, 60 So. 3d 558 (Fla. 5th DCA 2011))). Accordingly, we vacate the judgment under review and remand for entry of a proper order specifying which conditions Lowe was found to have violated. [*954] Judgment VACATED; case REMANDED for entry of a proper adjudication o…
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Biser v. State, 157 So. 3d 539 (Fla. 5th DCA 2015)…for the entry of a proper judgment, reasoning that “[t]his 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”, citing Bell v. State, 60 So. 3d 558 (Fla. 5th DCA 2011)). AFFIRMED in part; VACATED in part; and REMANDED. PALMER, LAWSON and BERGER, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Elbert Brinson v. State, 866 So. 2d 1268 (Fla. 5th DCA 2004)
- Patt v. State, 876 So. 2d 1278 (Fla. 5th DCA 2004)
- Mormon v. State, 976 So. 2d 1188 (Fla. 5th DCA 2008)
- Sibley v. State, 876 So. 2d 1278 (Fla. 5th DCA 2004)
- State of Fla. ex rel. Teodula Paz Salomon & Ramon Salomon v. Sandstrom, 349 So. 2d 696 (Fla. 3d DCA 1977)