TIMOTHY BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that while revocation and sentence are affirmed, a remand is necessary for the trial court to enter a written order with specific findings regarding the defendant's danger to the community and the violated condition of community control.
[1] A trial court must make written findings that a violent felony offender of special concern poses a danger to the community.
[2] Where a court orally pronounces reasons consistent with statutory factors for finding a defendant, a violent felony offender of special concern, poses a danger to the com…
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Join FLexlaw to unlock all legal intelligenceTimothy Brown appealed the revocation of his community control and his sentence. He was assessed points as a violent felony offender of special concer…
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Timothy Brown appeals the final order revoking his community control and sentencing him to serve 118.35 months in the Department of Corrections. Following careful consideration, we affirm the revocation and sentence. However, we remand for entry of a supplemental order.
Appellant was assessed 48 points on his scoresheet for prior violations of community control and probation as a violent felony offender of special concern. “Section 948.06(8)(e)1, Florida Statutes, requires that a trial court make written findings regarding whether a violent felony offender of special concern poses a danger to the community.” Glenn v. State, 219 So.3d 1010, 1010 (Fla. 1st DCA 2017). At the revocation hearing, Appellant’s status *400as a violent felony offender of special concern was never mentioned. The trial court did not orally find that Appellant was.a danger to the community and did not make any written findings. However, the court orally referenced reasons that'would support such a finding under the statute.
[Wjhere a court orally pronounces a reason, consistent with one or more of the factors listed under section 948.06(8)(e)1, for its finding that the defendant, as a violent felony offender of special concern, poses a danger to the community, but fails to provide written reasons for its finding, the proper remedy is to affirm the revocation of the defendant’s probation, but, remand for entry of a -written order conforming to the court’s oral pronouncement.
Arnone v. State, 204 So.3d 556, 557 (Fla. 4th DCA 2016) (citing Martin v. State, 87 So.3d 813, 813 (Fla. 2d DCA 2012); Bell v. State, 150 So.3d 1214, 1214 (Fla. 5th DCA 2014)). We further instruct the trial cburt to specifically identify in its supplemental, corrected order which condition of community control Appellant willfully violated. Accordingly, we remand the case so that the trial court can file an appropriate supplemental, corrected written order.
AFFIRMED ' AND REMANDED WITH INSTRUCTIONS.'
EVANDER, BERGER, and EDWARDS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wells v. State, 243 So. 3d 446 (Fla. 5th DCA 2018)…s oral pronouncement."). Similarly, we note that although the trial court orally pronounced its finding that Appellant violated probation, the written order revoking probation does not specify which condition Appellant violated. See Brown v. State , 225 So. 3d 399, 400 (Fla. 5th DCA 2017). Thus, on remand, the trial court should enter a corrected order with appropriate written findings. AFFIRMED AND REMANDED WITH INSTRUCTIONS. PALMER, WALLIS and EISNAUGLE, JJ., concur.…
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Wells v. State (Fla. 5th DCA 2018)…s oral pronouncement.”). Similarly, we note that although the trial court orally pronounced its finding that Appellant violated probation, the written order revoking probation does not specify which condition Appellant violated. See Brown v. State, 225 So. 3d 399, 400 (Fla. 5th DCA 2017). Thus, on remand, the trial court should enter a corrected order with appropriate written findings. AFFIRMED AND REMANDED WITH INSTRUCTIONS. PALMER, WALLIS and EISNAUGLE, JJ., concur.…
Authorities Cited
- Arnone v. State, 204 So. 3d 556 (Fla. 4th DCA 2016)
- Martin v. State, 87 So. 3d 813 (Fla. 2d DCA 2012)
- Bell v. State, 150 So. 3d 1214 (Fla. 5th DCA 2014)
- Glenn v. State, 219 So. 3d 1010 (Fla. 1st DCA 2017)