MITCHELL
v.
STATE

Fla. 5th DCA | 2019-01-25
No. Case No. 5D18-371
Anderson, Griffin, Hawkins, Lee, Prather, Robertson, Sullivan, Zuccaro
263 So. 3d 252 Florida District Court of Appeal, Fifth District (2019)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

A trial court must enter a written order expressly revoking probation, not merely indicate revocation through judgment and sentence.


Headnotes

[1] When a trial court finds a probation violation and imposes a sentence, it must enter a separate written order expressly revoking probation; a judgment and sentence alone…

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Mitchell was on probation subject to an order containing specific conditions. The trial court found Mitchell violated condition five by committing a n…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.

Opinion of the Court

PER CURIAM.

Amarti Mitchell appeals the judgment and sentence imposed upon him after the trial court found he violated condition five of his order of probation for committing a new law violation. We affirm but remand solely for entry of a proper order revoking probation. See Dolinger v. State, 779 So. 2d 419, 421 (Fla. 2d DCA 2000) (determining trial court erred by failing to enter a written *253revocation order and remanding for entry of said order); see also Green v. State, 23 So. 3d 820, 821 (Fla. 4th DCA 2009) (remanding for entry of a written order revoking probation where record clearly showed the trial court had revoked appellant's probation).

AFFIRMED; REMANDED for entry of revocation order.

ORFINGER and BERGER, JJ., and JACOBUS, B.W., Senior Judge, concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw