Opinion
No. 3D12-1487 Lower Tribunal No. 03-23623
12-04-2013
Christopher Isidore, Appellant, v. The State of Florida, Appellee.
Carlos J. Martinez, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee.
Not final until disposition of timely filed motion for rehearing.
An Appeal from the Circuit Court for Miami-Dade County, Dava J. Tunis, Judge.
Carlos J. Martinez, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.
Pamela Jo Bondi, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee. Before WELLS, EMAS and FERNANDEZ, JJ.
EMAS, J.
Following a probation violation hearing, the trial court found appellant in violation of his probation, revoked probation, and imposed sentence. Appellant raises, as his sole issue on appeal, the trial court's failure to enter a written order of revocation setting forth the conditions of probation violated. Although the trial court announced on the record which conditions of probation were violated, the State properly concedes that the trial court erred in failing to enter a written order consistent with this oral pronouncement. Cifuentes v. State, 717 So. 2d 136, 137 (Fla. 3d DCA 1998); Taramona v. State, 707 So. 2d 1194 (Fla. 3d DCA 1998).
We therefore remand this cause to the trial court for entry of a written order of revocation of probation which, consistent with its oral pronouncement at the hearing, sets forth the conditions of probation appellant violated. Appellant's presence is not necessary for this ministerial act. Taramona, 707 So. 2d at 1194.