RICHARD BISER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the defendant's sentences on new criminal offenses but vacated the violation of probation judgment because the trial court failed to enter a written order specifying which probation conditions were violated.
A trial court must specify in its written judgment which conditions of probation were violated; failure to do so requires vacation and remand.
[1] A trial court must specify in its written judgment which conditions of probation were violated; failure to specify the violated conditions requires vacation and remand fo…
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Join FLexlaw to unlock all legal intelligence“the trial judge must specify, in the written order or judgment, which conditions of probation or community control have been violated”
Court citing Bell v. State for the requirement that trial judges specify violated probation conditions in written orders
Richard Biser was convicted of new criminal offenses and received a violation of probation judgment based on those same offenses.…
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Richard Biser (the defendant) appeals his judgment and sentence entered on his violation of probation (VOP) based on his commission of new criminal offenses and his judgment and sentence entered on those same new criminal offenses that formed the basis of his VOP. As to the judgment and sentences entered on the new criminal offenses, the defendant entered a plea and the sentences conform to the plea bargain and are otherwise legal. Accordingly, they are affirmed. However, as to the judgment entered on the VOP, the trial court failed to enter a written order specifying which conditions of probation were violated. Therefore, we vacate the VOP judgment and remand for the entry of an appropriate written final judgment. See Roberts v. State, 76 So.3d 1047, 1048 (Fla. 5th DCA 2011) (vacating a judgment that failed to specify which conditions of probation had been violated and remanding 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hanks v. State, 237 So. 3d 486 (Fla. 5th DCA 2018)…control have been violated, we are compelled to remand here because the written order did not specify the condition of community control that Hanks was found to have violated. See Lowe v. State , 225 So. 3d 953 (Fla. 5th DCA 2017) ; Biser v. State , 157 So. 3d 539 (Fla. 5th DCA 2015) ; Roberts v. State , 76 So. 3d 1047 (Fla. 5th DCA 2011) ; 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). Accor…
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Hanks v. State (Fla. 5th DCA 2018)…ty control have been violated, we are compelled to remand here because the written order did not specify the condition of community control that Hanks was found to have violated. See Lowe v. State, 225 So. 3d 953 (Fla. 5th DCA 2017); Biser v. State, 157 So. 3d 539 (Fla. 5th DCA 2015); Roberts v. State, 76 So. 3d 1047 (Fla. 5th DCA 2011); 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). Accordingly, w…
Authorities Cited
- Bell v. State, 60 So. 3d 558 (Fla. 5th DCA 2011)
- Roberts v. State, 76 So. 3d 1047 (Fla. 5th DCA 2011)
- Taylor v. State, 76 So. 3d 1047 (Fla. 5th DCA 2011)