ROGER LEE OOTEN
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A probation revocation order must specify the particular conditions of probation that the defendant violated.
[1] A probation revocation order must specify the particular conditions of probation that the defendant violated.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“because the order revoking probation does not list the specific conditions of probation that Appellant was found to have violated, we remand to the trial court for entry of an amended order to include the conditions that it found were violated”
Court's explanation for remand
Ooten was convicted and sentenced, and subsequently violated the conditions of his probation. The trial court revoked his probation and imposed a sent…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sentencing Requirements cases and more on FLexlaw
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
ROGER LEE OOTEN,
Appellant,
v. Case No. 5D21-741 LT Case No. 2016-CF-000715-A-0
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed October 22, 2021
Appeal from the Circuit Court for Orange County, Keith F. White, Judge.
Matthew J. Metz, Public Defender, and George D.E. Burden, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
2
In this Anders1 appeal, we affirm, without further elaboration, the judgment and sentence imposed by the trial court following Appellant’s violation of probation trial. However, because the order revoking probation does not list the specific conditions of probation that Appellant was found to have violated, we remand to the trial court for entry of an amended order to include the conditions that it found were violated. See Ford v. State, 293 So. 3d 553, 554 (Fla. 2d DCA 2020) (affirming the judgment and sentence imposed but remanding to the trial court for the entry of an amended order specifying the conditions of probation violated by the defendant).
On remand, the amended order should also reflect the citation to the predecessor statute, section 794.041(2)(b), Florida Statutes, regarding Appellant’s underlying criminal conviction.
AFFIRMED; REMANDED with directions for entry of amended revocation order consistent with this opinion.
LAMBERT, C.J., EDWARDS and WOZNIAK, JJ., concur.