TAWNYAMAE CRICHTON
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-07-10
No. 19-3608
Upchurch, J., Wallis, J., Orfinger, J., Lambert, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

A trial court must enter a formal order of violation that specifically lists the conditions of community control found to have been violated, rather than leaving the violation unspecified.


Headnotes

[1] A trial court must enter a formal written order of violation that specifically identifies the conditions of community control found to have been violated; merely attachin…

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Key Quotes

“merely attaching an affidavit of violation of probation and community control to the final judgment is insufficient”

Court citing Cato v. State for the proposition that a formal order of violation must be entered

Facts & Procedural History

Appellant Crichton admitted orally and in writing to violating her community control at her revocation hearing. However, the trial court's order of vi…

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Opinion of the Court
Wallis

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

TAWNYAMAE CRICHTON,

Appellant,

v. Case No. 5D19-3608

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed July 10, 2020

Appeal from the Circuit Court for Volusia County, Sandra C. Upchurch, Judge.

James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

WALLIS, J.

In this Anders1 appeal, Appellant challenges the judgment and sentence imposed by the trial court following the revocation of her community control. We affirm without further discussion, with one exception.

2

Appellant provided an oral and written admission to violating her community control at the time of her hearing. However, the order of violation does not specify which condition of community control Appellant violated. Therefore, we remand for the trial court to enter a formal order of violation that lists the specific conditions the court determined Appellant violated. See Robinson v. State, 138 So. 3d 547 (Fla. 4th DCA 2014) (remanding to the trial court for entry of a written order specifying the conditions of community control the trial court found defendant to have violated); Cato v. State, 845 So. 2d 250, 251 (Fla. 2d DCA 2003) (remanding for entry of a formal order of violation and explaining that merely attaching an affidavit of violation of probation and community control to the final judgment is insufficient). AFFIRMED; REMANDED with Instructions.

ORFINGER and LAMBERT, JJ., concur.

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

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