FARUQ JAMIL BURNEM
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-09-27
No. 19-0364
Galluzzo, J., Orfinger, J., Lambert, J., Edwards, J.
Florida District Court of Appeal, Fifth District (2019)

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Holding

A trial court must enter a written order of revocation of probation that specifically identifies the condition or conditions of probation that were violated.


Headnotes

[1] A trial court must enter a written order of revocation of probation that specifically cites the condition or conditions of probation that the defendant violated.

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Key Quotes

“remanding with directions to the trial court to enter a final order of revocation of probation citing the specific condition of probation that the defendant violated”

Citation to Cato v. State, 845 So. 2d 250, 251 (Fla. 2d DCA 2003), establishing the requirement for a written order specifying violated conditions

Facts & Procedural History

Faruq Jamil Burnem entered an open plea to violation of probation. The trial court imposed judgment and sentences but failed to enter a written order …

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Opinion of the Court
Edwards

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

FARUQ JAMIL BURNEM,

Appellant,

v. Case No. 5D19-364

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed September 27, 2019

Appeal from the Circuit Court for Seminole County, John Galluzzo, Judge.

James S. Purdy, Public Defender, and Shawna R. Moyers, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Allison

L.

Morris, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm, without further discussion, the judgment and sentences imposed by the trial court following the open plea to violation of probation entered by Faruq Jamil Burnem (“Appellant”). However, because the trial court did not enter a written order of revocation of probation, we remand for the court to enter an order setting forth the condition or

2 conditions of probation that Appellant violated.1 See Cato v. State, 845 So. 2d 250, 251 (Fla. 2d DCA 2003) (remanding with directions to the trial court to enter a final order of revocation of probation citing the specific condition of probation that the defendant violated).

AFFIRMED; REMANDED for entry of a proper order of revocation of probation.

ORFINGER, LAMBERT, and EDWARDS, JJ., concur.

Footnotes
1 Appellate counsel brought this matter to the attention of the trial court by timely filing a Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct sentencing error. The court never addressed the motion; thus, it is deemed denied pursuant to subsection (b)(2)(B) of the rule (which provides that if the trial court does not file an order ruling on the motion within sixty days, the motion shall be deemed denied).

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