Opinion
Case No. 2D18-4526
07-17-2020
Kristina BLAIR, Appellant, v. STATE of Florida, Appellee.
Howard L. Dimmig, II, Public Defender, and Susan M. Shanahan, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, and C. Todd Chapman, Assistant Attorney General, Tampa, for Appellee.
Howard L. Dimmig, II, Public Defender, and Susan M. Shanahan, Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, and C. Todd Chapman, Assistant Attorney General, Tampa, for Appellee.
PER CURIAM.
Kristina Blair appeals the order revoking her probation and the order denying her motion to correct sentencing error. The State correctly concedes that the trial court erred in both orders.
We reverse the probation revocation order because the trial court did not announce at the hearing which condition(s) Ms. Blair had willfully and substantially violated, and its written order does not state any condition(s) violated to support revocation. See Davis v. State, 276 So. 3d 484, 485 (Fla. 1st DCA 2019) (reversing violation of probation order where the trial court only stated at the hearing that the appellant was "noncompliant" with the conditions, but did not either orally or in a written order specify which condition(s) he willfully and substantially violated); see also Jones v. State, 898 So. 2d 209, 210 (Fla. 2d DCA 2005) (reversing a probation revocation order and remanding to the trial court with directions to enter an order with written findings). We remand to the trial court to enter a revocation order that details the condition(s) that the State proved Ms. Blair willfully and substantially violated. We remind the trial court that it is a denial of due process and fundamental error to find that a probationer violated a condition not charged in the affidavit of probation violation. See McRae v. State, 88 So. 3d 384, 385 (Fla. 2d DCA 2012).
We also reverse the order that reserved ruling on Ms. Blair's motion seeking credit for jail time served. Florida Rule of Criminal Procedure 3.800(b)(2) permits a defendant to file a motion to correct a sentencing error after the notice of appeal has been filed and prior to service of the initial brief. Here, Ms. Blair filed her motion prior to service of her initial brief. On remand, the trial court shall correct her sentence by giving Ms. Blair credit for fifty-two days of jail time.
Reversed and remanded with directions.
NORTHCUTT, KELLY, and SMITH, JJ., Concur.