ALFORD JEROME STATEN
v.
STATE OF FLORIDA

Fla. 5th DCA | 2018-12-21
No. 18-0938
Case, J., Wallis, J., Lambert, J., Grosshans, J.
259 So. 3d 324 Florida District Court of Appeal, Fifth District (2018)

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Holding

A trial court's revocation of probation must be accompanied by a written order that specifies the particular condition of probation that was violated.


Headnotes

[1] A written order revoking probation must specify the particular condition or conditions of probation that the probationer was found to have violated.

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Key Quotes

“remanding 'for entry of a written order of revocation of probation specifying the conditions [of probation] appellant was found to have violated'”

Court cited Rey v. State, 904 So. 2d 566, 566 (Fla. 4th DCA 2005) for the requirement that a written revocation order specify violated conditions

Facts & Procedural History

Alford Jerome Staten was found to have violated the terms of his probation at a violation of probation trial in Volusia County Circuit Court.…

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Opinion of the Court
Grosshans

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

ALFORD JEROME STATEN,

Appellant,

v. Case No. 5D18-938

STATE OF FLORIDA,

Appellee. ________________________________/

Opinion filed December 21, 2018

Appeal from the Circuit Court for Volusia County, Leah Case, Judge.

James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm the judgment and sentence imposed by the trial court following Appellant’s violation of probation trial. However, we remand for the entry of a written order revoking Appellant’s probation that specifies the condition of probation that Appellant was found to have violated. See Rey v. State, 904 So. 2d 566, 566 (Fla. 4th

2 DCA 2005) (remanding “for entry of a written order of revocation of probation specifying the conditions [of probation] appellant was found to have violated”).

AFFIRMED; REMANDED for entry of written order of revocation of probation. WALLIS, LAMBERT, and GROSSHANS, JJ., concur.


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