CHRISTIAN JORDIE OTERO
v.
STATE OF FLORIDA
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A trial court revoking probation must enter a written order specifying the particular conditions violated and must reflect that the defendant was found in willful violation after trial, not that the defendant admitted to violations.
[1] A trial court revoking probation must enter a written order that specifies the particular conditions of probation that were violated and must reflect that the defendant w…
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“If a trial court revokes a defendant's probation, the court is required to render a written order noting the specific conditions of probation that were violated.”
Citation to King v. State, 46 So. 3d 1171, 1172 (Fla. 4th DCA 2010), establishing the requirement for specificity in probation revocation orders.
Otero's probation was revoked following a bench trial. The trial court entered an order revoking probation but failed to specify which conditions were…
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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
CHRISTIAN JORDIE OTERO,
Appellant,
v. Case No. 5D21-2194 LT Case No. 20-CT-002732-A-OS
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed February 11, 2022
Appeal from the County Court for Osceola County, Hal C. Epperson, Jr., Judge.
Matthew J. Metz, Public Defender, and Glendon
G.
Gordon, Jr., Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Daniel P. Caldwell, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
2
In this Anders1 appeal, we affirm the trial court’s order revoking Appellant’s probation following a bench trial and the resulting judgment and sentence. We do, however, find it necessary to remand this case for the entry of an amended revocation order to correct two ministerial errors.
First, the present order does not indicate the specific conditions of probation the trial court found Appellant to have violated. See King v. State, 46 So. 3d 1171, 1172 (Fla. 4th DCA 2010) (“If a trial court revokes a defendant’s probation, the court is required to render a written order noting the specific conditions of probation that were violated.”). Second, the order states that Appellant admitted to violating his probation instead of showing that he was found in willful violation of probation after trial.
Accordingly, the trial court is directed to enter an amended order revoking Appellant’s probation with these two ministerial corrections.2
AFFIRMED; REMANDED, with directions.
LAMBERT, C.J., EDWARDS and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Ira C. King, III v. State, 46 So. 3d 1171 (Fla. 4th DCA 2010)