DON K. UNDERWOOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Don K. Underwood appeals the revocation of his probation and resulting sentence. We find no merit to two of the issues he raises on appeal. Thus, we affirm the revocation of his probation and sentences without further comment.
However, in a third issue, Mr. Underwood argues, and the State concedes, that the trial court erred by failing to enter a written revocation of probation order that specifies the specific conditions of supervision that Mr. Underwood violated. See Wynperle v. State, 21 So.3d 172, 172-73 (Fla. 2d DCA 2009); Reyes v. State, 9 So.3d 649, 650 (Fla. 2d DCA 2009); Cato v. State, 845 So.2d 250, 251 (Fla. 2d DCA 2003). We are compelled to remand with directions to the trial court to enter a formal probation revocation order that complies with the law.
Affirmed and remanded with directions.
ALTENBERND and CASANUEVA, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wilfredo Ramos-Haddock v. State (Fla. 2d DCA 2019)…he sentences without comment. - 2 - The State correctly concedes, however, that the trial court erred in entering a written order of revocation of probation that did not specify the condition(s) that Ramos-Haddock violated. See Underwood v. State, 98 So. 3d 745, 745 (Fla. 2d DCA 2012) (and cases cited therein). In addition, the amended judgment and sentence in case number 2012-CF-3806 erroneously indicate that he admitted that he had violated condition 5 of his probation. Accordingly, we reverse the orde…
Authorities Cited
- Harris v. State, 845 So. 2d 250 (Fla. 2d DCA 2003)
- Ponce Cato v. State, 845 So. 2d 250 (Fla. 2d DCA 2003)
- Reyes v. State, 9 So. 3d 649 (Fla. 2d DCA 2009)
- Wynperle v. State, 21 So. 3d 172 (Fla. 2d DCA 2009)