MARKEY MORRISON
v.
STATE OF FLORIDA

Fla. 5th DCA | 2023-08-25
No. 22-2605
Florida District Court of Appeal, Fifth District (2023) Positive Treatment
Cited by 3 cases

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Holding

Probation revocation and sentence affirmed; trial court remanded to enter a written order specifying the terms and conditions of probation violated.

Headnotes

[1] In a probation revocation proceeding, the trial court must enter a written order specifying the particular terms and conditions of probation that the defendant was found…

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Key Quotes

“Because the record does not include a written revocation order that identifies the terms and conditions of probation violated, the trial court on remand is instructed to enter a written revocation order that specifies the terms and conditions of probation that Morrison was found to have violated as orally pronounced.”

Court's disposition regarding the deficiency in the trial court's probation revocation order.
Facts & Procedural History

Markey Morrison was on probation following a criminal conviction. The trial court revoked Morrison's probation due to violations but did not enter a w…

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Topics
Written Order Of Revocation Anders Appeal Motion To Withdraw Plea Probation Revocation

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Opinion of the Court

August 25, 2023 PER CURIAM.

In this Anders1 appeal, we affirm the revocation of probation and the judgment and sentence imposed upon Morrison, as well as

the trial court’s order denying Morrison’s motion to withdraw his plea. Because the record does not include a written revocation order that identifies the terms and conditions of probation violated, the trial court on remand is instructed to enter a written revocation order that specifies the terms and conditions of probation that Morrison was found to have violated as orally pronounced. See Barber v. State, 342 So. 3d 297, 297 (Fla. 5th DCA 2022); Mack v. State, 694 So. 2d 130, 130 (Fla. 5th DCA 1997).

AFFIRMED and REMANDED with instructions.

MAKAR, EISNAUGLE, and SOUD, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________

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

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Gumersindo Reyes II v. State, 369 So. 3d 779 (Fla. 5th DCA 2024)
    …case, a written revocation order that identifies the terms and conditions of probation that the trial court, in its oral pronouncement, found Reyes to have violated. See Morrison v. State, 369 So. 3d 779 (Fla. 5th DCA 2023) (citing Barber v. State, 342 So. 3d 297, 297 (Fla. 5th DCA 2022)). AFFIRMED and REMANDED with instructions. MAKAR, JAY, and PRATT, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _________…
  • Markey Morrison v. State (Fla. 5th DCA 2023)
    …nd conditions of probation violated, the trial court on remand is instructed to enter a written revocation order that specifies the terms and conditions of probation that Morrison was found to have violated as orally pronounced. See Barber v. State, 342 So. 3d 297, 297 (Fla. 5th DCA 2022); Mack v. State, 694 So. 2d 130, 130 (Fla. 5th DCA 1997). AFFIRMED and REMANDED with instructions. MAKAR, EISNAUGLE, and SOUD, JJ., concur. _____________________________ Not final until disposition of any timely and autho…
  • Gumersindo Reyes II v. State (Fla. 5th DCA 2024)
    …case, a written revocation order that identifies the terms and conditions of probation that the trial court, in its oral pronouncement, found Reyes to have violated. See Morrison v. State, 369 So. 3d 779 (Fla. 5th DCA 2023) (citing Barber v. State, 342 So. 3d 297, 297 (Fla. 5th DCA 2022)). AFFIRMED and REMANDED with instructions. MAKAR, JAY, and PRATT, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. * Anders v. California, 386 U.S. 738 (1…

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