NAIM STEWART
v.
STATE OF FLORIDA

Fla. 1st DCA | 2019-02-05
No. 16-3646
Gerald Mann
263 So. 3d 277 Florida District Court of Appeal, First District (2019)

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Holding

A trial court's order revoking probation must be accompanied by a written order that specifically identifies which conditions of probation were violated.


Headnotes

[1] A written order revoking probation must specifically identify the conditions of probation that the probationer was found to have violated.

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Facts & Procedural History

Naim Stewart's probation was revoked and he was sentenced. The trial court did not specify in its written order which conditions of probation Stewart …

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Opinion of the Court

February 5, 2019 PER CURIAM. In these Anders* appeals, we affirm the orders revoking Appellant’s probation and imposing sentence. However, we remand for correction of the written orders of revocation to specify the conditions Appellant was found to have violated. See Davis v. State, 218 So. 3d 507 (Fla. 1st DCA 2017) (affirming revocation of probation in Anders appeal but remanding for court to enter written revocation order specifying conditions of probation violated). Appellant need not be present. See Williams v. State, 145 So. 3d 984 (Fla. 1st DCA 2014).

* Anders v. California, 386 U.S. 738 (1967).

AFFIRMED and REMANDED. ROBERTS, WETHERELL, and MAKAR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Candice K. Brower, Criminal Conflict & Civil Regional Counsel, Michael J. Titus, Assistant Regional Conflict Counsel, Tallahassee, for Appellant. Ashley B. Moody, Attorney General, Tallahassee, for Appellee.


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