DARYL LEE VELTMAN
v.
STATE OF FLORIDA
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A probation revocation must be affirmed but remanded when the record lacks a written revocation order identifying the specific terms and conditions of probation violated, requiring the trial court to enter such an order on remand.
[1] A written revocation order identifying the specific terms and conditions of probation violated must be entered to preserve the probation revocation for appellate review,…
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Join FLexlaw to unlock all legal intelligenceVeltman's probation was revoked following oral findings of violation. The record did not include a written revocation order specifying which terms and…
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February 16, 2024 PER CURIAM.
In this Anders* appeal, we affirm the revocation of probation and the judgment and sentence imposed upon Veltman. 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 Veltman was found to have violated as orally pronounced. See Font v. State, 299 So. 3d 627, 627 (Fla. 5th DCA 2020); Burnem v. State, 279 So. 3d 1275, 1275−76 (Fla. 5th DCA 2019).
AFFIRMED and REMANDED with instructions.
MAKAR, WALLIS, and EISNAUGLE, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Veltman v. State (Fla. 5th DCA 2024)…s 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 Veltman was found to have violated as orally pronounced. See Font v. State, 299 So. 3d 627, 627 (Fla. 5th DCA 2020); Burnem v. State, 279 So. 3d 1275, 1275−76 (Fla. 5th DCA 2019). AFFIRMED and REMANDED with instructions. MAKAR, WALLIS, and EISNAUGLE, JJ., concur. _____________________________ Not final until disposition of any timely…
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Love v. State (Fla. 5th DCA 2025)…on Appellant driving while his driver’s license was suspended and either deleting any reference to the second condition 5 violation or stating that it was dismissed. See Hatcher v. State, 392 So. 3d 607 (Fla. 5th DCA 2024) (citing Font v. State, 299 So. 3d 627 (Fla. 5th DCA 2020)). AFFIRMED; REMANDED with instructions. EDWARDS, C.J., and JAY and KILBANE, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.…
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Temeka Sherece Canada v. State (Fla. 5th DCA 2025)…Dep’t of Child. & Fams. v. E.G., 939 So. 2d 226, 229 (Fla. 5th DCA 2006)). However, the Judgment and Sentence fails to identify the condition(s) of community control Canada was found to have violated, as is required. See id.; see also Font v. State, 299 So. 3d 627 (Fla. 5th DCA 2020). Accordingly, we AFFIRM the revocation of Canada’s community control and the resulting sixty-month sentence and REMAND this matter to the trial court for entry of an appropriate written order revoking community control that ident…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Veltman v. State (Fla. 5th DCA 2024)