Summary
remanding for entry of written order specifying conditions violated
Summary of this case from Caudill v. StateOpinion
No. 5D10-3247.
May 6, 2011.
Appeal from the Circuit Court for Lake County, T. Michael Johnson, Judge.
James S. Purdy, Public Defender, and Colby Nicole Ferris, Assistant Public Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
Bell appeals from the judgment and sentence imposed by the trial court after it found that he had violated his probation. Although there was substantial competent evidence to support the trial court's decision, we are compelled to remand because the trial court failed to enter a written order specifying the probation conditions violated. See Mormon v. State, 976 So.2d 1188 (Fla. 5th DCA 2008); Patt v. State, 876 So.2d 1278 (Fla. 5th DCA 2004); Brinson v. State, 866 So.2d 1268 (Fla. 5th DCA 2004).
During the pendency of this appeal, the trial court entered a new order in an apparent attempt to remedy this error. However, the trial court lacked jurisdiction to enter said order. See State ex rel. Salomon v. Sand-strom, 349 So.2d 696 (Fla. 3d DCA 1977).
We, therefore, vacate the judgment under review and remand for entry of a proper order specifying which conditions Bell was found to have violated.
Judgment VACATED; case REMANDED for entry of a proper adjudication order.
PALMER, EVANDER and COHEN, JJ., concur.