J. R. M.-T.
v.
STATE OF FLORIDA
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A trial court's revocation of probation is affirmed when supported by competent, substantial evidence of willful violation of substantial probation conditions, but the trial court must enter a written order identifying the specific conditions violated.
[1] When a juvenile timely moves for a written order identifying probation conditions violated pursuant to Florida Rule of Juvenile Procedure 8.135(b)(2), the trial court mus…
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Join FLexlaw to unlock all legal intelligence“we remand this case for the trial court to enter a written order of revocation of probation specifying the conditions Appellant violated”
The court's disposition requiring the trial court to comply with the procedural requirement to identify violated conditions in a written order.
A juvenile appellant's probation was revoked by the trial court based on oral findings that he willfully violated two substantial conditions of probat…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2024-1559 Lower Tribunal No. 23CJ002039XX _____________________________
J.R.M.-T., Appellant, v. STATE OF FLORIDA, Appellee. _____________________________
Appeal from the Circuit Court for Polk County. William D. Sites, Judge.
November 3, 2025
NARDELLA, J.
The Appellant, a juvenile, appeals the trial court’s revocation of his probation. We affirm the trial court’s decision revoking Appellant’s probation because there was competent, substantial evidence to support the trial court’s oral findings that Appellant willfully violated two substantial conditions of his probation. However, as the State concedes, despite Appellant’s timely motion pursuant to Florida Rule of Juvenile Procedure 8.135(b)(2), the trial court failed to enter an order identifying the conditions
2
Appellant violated. N.J.P. v. State, 331 So. 3d 157, 160 (Fla. 4th DCA 2021); Badgers v. State, 267 So. 3d 512, 513 (Fla. 2d DCA 2019); T.M. v. State, 233 So. 3d 1275 (Fla. 3d DCA 2017); Brinson v. State, 866 So. 2d 1268, 1269 (Fla. 5th DCA 2004); Brundage v. State, 593 So. 2d 1227 (Fla. 1st DCA 1992). Therefore, we remand this case for the trial court to enter a written order of revocation of probation specifying the conditions Appellant violated. AFFIRMED in part; REMANDED for Written Order of Revocation of Probation. WOZNIAK and SMITH, JJ., concur.
Blair Allen, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Analise V. Walker, Assistant Attorney General, Tampa, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Elbert Brinson v. State, 866 So. 2d 1268 (Fla. 5th DCA 2004)
- Brundage v. State, 593 So. 2d 1227 (Fla. 1st DCA 1992)
- T.M. v. State, 233 So. 3d 1275 (Fla. 3d DCA 2017)
- Badgers v. State, 267 So. 3d 512 (Fla. 2d DCA 2019)