HIRAM ANTONIO MALDONADO
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-08-05
No. 21-2801
288 So. 3d 1272 Florida District Court of Appeal, Fifth District (2022) Positive Treatment
Cited by 1 case

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Holding

The trial court's finding of probation violation is affirmed, but the judgment must be remanded for entry of an order that specifies the conditions of probation that were violated.


Headnotes

[1] In a probation violation proceeding, the trial court's written judgment or order must specify which conditions of probation or community control were violated, and failur…

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Key Quotes

“This court has consistently held that the trial judge must specify, in the written order or judgment, which conditions of probation or community control have been violated.”

Court discussing precedent requiring specificity in probation violation orders

Facts & Procedural History

Hiram Antonio Maldonado admitted to violating the terms of his probation. The trial court imposed judgment and sentence after the admission.…

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Opinion of the Court

PER CURIAM.

Appellant appeals the judgment and sentence imposed by the trial court after Appellant admitted to violating his probation. We affirm the finding of violation but must remand because the trial court did not specify in its written order the conditions of probation Appellant was found to have violated. See Barkley v. State, 288 So. 3d 1272 (Fla. 5th DCA 2020) (affirming revocation; remanding for entry of proper order); Roberts v. State, 76 So. 3d 1047, 1048 (Fla. 5th DCA 2011) (“This court has consistently held that the trial judge must specify, in the written order or judgment, which conditions of probation or community control have been violated.” (citing Bell v. State, 60 So. 3d 558 (Fla. 5th DCA 2011))).

Accordingly, we remand for entry of a proper adjudicatory order that lists the specific conditions of probation Appellant violated. AFFIRMED; REMANDED for entry of a proper order. COHEN, TRAVER and WOZNIAK, JJ., concur.


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Cited By

  • Hiram Antonio Maldonado v. State, 288 So. 3d 1272 (Fla. 5th DCA 2022)
    …Appellant admitted to violating his probation. We affirm the finding of violation but must remand because the trial court did not specify in its written order the conditions of probation Appellant was found to have violated. See Barkley v. State, 288 So. 3d 1272 (Fla. 5th DCA 2020) (affirming revocation; remanding for entry of proper order); Roberts v. State, 76 So. 3d 1047, 1048 (Fla. 5th DCA 2011) (“This court has consistently held that the trial judge must specify, in the written order or judgment, which…

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