T.M.F.
v.
STATE
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A Florida appellate court affirmed a juvenile's adjudication of delinquency and probation placement for burglary, criminal mischief, and resisting arrest charges, but remanded because the written probation violation orders failed to conform to the trial court's oral pronouncement and did not specify which probation conditions were violated.
The court affirmed the trial court's findings regarding the delinquency adjudication and probation placement, as well as the findings of probation violations, but remanded because the written VOP orders failed to conform to the oral pronouncement and did not specify that T.M.F. violated condition 1 of the probation orders and the special curfew condition.
[1] In a violation of probation proceeding, the trial court's written order must conform to and reflect the trial court's oral pronouncement at sentencing.
[2] A trial court must specify in the written order or judgment which conditions of probation the defendant violated.
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Join FLexlaw to unlock all legal intelligence“the written probation revocation order "must conform to the trial court's oral pronouncement"”
Establishes the core procedural requirement that written VOP orders must match oral pronouncements
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Join FLexlaw to unlock all legal intelligenceT.M.F., a juvenile, was adjudicated delinquent for five counts of burglary of a conveyance, six counts of criminal mischief, and one count of resistin…
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PER CURIAM.
We affirm, without discussion, the trial court’s order withholding adjudication of delinquency and placing T.M.F. on juvenile probation for five counts of burglary of a conveyance, six counts of criminal mischief, and a single count of resisting a law enforcement officer without violence. We also affirm the trial court’s finding that these new law violations, as well as a curfew violation, constituted violations of probation (VOPs) in two separate cases.1 However, because the VOP orders fail to conform to the oral pronouncement2 and fail to specify the conditions of probation T.M.F. violated, we remand for entry of new written orders specifying that T.M.F. violated condition1 of the orders of probation, as well as the special condition imposing a curfew. See Rodriguez v. State, 777 So. 2d 1175, 1175 (Fla. 4th DCA 2001) (holding the written probation revocation order "must conform to the trial court’s oral pronouncement" (citing Robinson v. State, 763 So. 2d 1058, 1059 (Fla. 4th DCA 1999))); see also Manis v. State, 30 So. 3d 586, 587 (Fla. 5th DCA 2010) (finding that the trial court in a VOP case "must specify in the written order or judgment what conditions the defendant violated" (quoting Mormon v. State, 976 So. 2d 1188, 1189 (Fla. 5th DCA 2008))); accord Kadyebo v. State, 15 So. 3d 928 (Fla. 5th DCA 2009) (citing Young v. State, 4 So. 3d 1265 (Fla. 5th DCA 2009)).
AFFIRMED; REMANDED FOR ENTRY OF NEW ORDER.
ORFINGER, EVANDER and BERGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Latonya Young v. State, 4 So. 3d 1265 (Fla. 5th DCA 2009)
- Rodriguez v. State, 777 So. 2d 1175 (Fla. 4th DCA 2001)
- Mormon v. State, 976 So. 2d 1188 (Fla. 5th DCA 2008)
- Orion Hunter Manis v. State, 30 So. 3d 586 (Fla. 5th DCA 2010)
- Robinson v. State, 763 So. 2d 1058 (Fla. 4th DCA 1999)
- Kadyebo v. State, 15 So. 3d 928 (Fla. 5th DCA 2009)