GENE EDWARD HANKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.
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Appellate court vacated conviction for community control violation because trial court's written order failed to specify which condition was violated, despite sufficient evidence supporting the violation.
A trial court's written order finding a willful and material violation of community control must specify which condition was violated.
[1] A trial court's written order adjudicating a community control violation must specify which condition of community control was violated, even when competent substantial e…
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Join FLexlaw to unlock all legal intelligenceGene Hanks was convicted of violating his community control. Competent substantial evidence supported the trial court's finding that Hanks willfully a…
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Gene Hanks appeals the judgment and sentence imposed by the trial court for violating his community control. We conclude that competent substantial evidence was presented at trial to support the trial *487judge's decision that Hanks willfully and materially violated his community control. However, despite our reminders to trial judges that their written orders or judgments must identify which condition or conditions of probation or community 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, we vacate the judgment under review and remand for entry of a proper adjudicatory order listing the specific condition of community control that Hanks was found to have violated.
JUDGMENT VACATED; REMANDED for entry of a proper adjudication order.
BERGER, WALLIS and LAMBERT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Elbert Brinson v. State, 866 So. 2d 1268 (Fla. 5th DCA 2004)
- Mormon v. State, 976 So. 2d 1188 (Fla. 5th DCA 2008)
- 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)
- Jackson v. State, 157 So. 3d 539 (Fla. 1st DCA 2015)
- Lowe v. State, 225 So. 3d 953 (Fla. 5th DCA 2017)
- Biser v. State, 157 So. 3d 539 (Fla. 5th DCA 2015)