VIVEIROS
v.
STATE
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A trial court must enter a written order specifically reflecting the conditions of violation it orally announced, and when multiple violations exist but the State proceeds on only one, the written order must reflect only the violation actually prosecuted.
[1] A trial court must enter a written order that specifically reflects the conditions of violation it has orally announced, and when the record shows multiple violations of…
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Join FLexlaw to unlock all legal intelligenceRicky Viveiros was convicted and sentenced. The record reflected two condition 5 violations, but the State proceeded on only one condition 5 violation…
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PER CURIAM.
We affirm, without further discussion, Ricky Viveiros's judgment and sentence imposed in this case. However, we remand for the trial court to enter a written order to specifically reflect the conditions of violation that the trial court orally announced. See Lewis v. State, 8 So. 3d 370, 371 (Fla. 5th DCA 2009) ; Payne v. State, 920 So. 2d 742, 743 (Fla. 5th DCA 2006). Further, the record reflects two condition 5 violations but the State only proceeded on one condition 5 violation. On remand, the written order should only reflect the violation for disorderly intoxication. See Kemp v. State, 135 So. 3d 347, 347-48 (Fla. 1st DCA 2013).
AFFIRMED and REMANDED with Instructions.
ORFINGER, BERGER and EISNAUGLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Kemp v. State, 135 So. 3d 347 (Fla. 1st DCA 2013)
- Lewis v. State, 8 So. 3d 370 (Fla. 5th DCA 2009)
- Miles v. State, 135 So. 3d 347 (Fla. 1st DCA 2013)
- Michael v. State, 920 So. 2d 742 (Fla. 5th DCA 2006)
- Payne v. State, 920 So. 2d 742 (Fla. 5th DCA 2006)