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J.E. v. State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Oct 28, 2020
310 So. 3d 488 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 2D19-3273

10-28-2020

J.E., Appellant, v. STATE of Florida, Appellee.

Howard L. Dimmig, II, Public Defender, and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Cynthia Richards, Assistant Attorney General, Tampa, for Appellee.


Howard L. Dimmig, II, Public Defender, and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Cynthia Richards, Assistant Attorney General, Tampa, for Appellee.

CASANUEVA, Judge.

J.E., a juvenile, appeals the revocation of his probation and resulting order of commitment in six consolidated circuit court cases. The only issue raised on appeal is the trial court's failure to enter a written order revoking probation and setting forth the conditions violated. The State properly concedes error. We affirm the revocation and commitment order, but we remand for entry of a written order of revocation of probation.

When a trial court revokes a juvenile's probation, it is well settled that the trial court is required to render a written order setting forth the conditions of probation that were violated. T.M. v. State, 233 So. 3d 1275, 1275 (Fla. 3d DCA 2017). If no such written order is rendered, "it is appropriate to remand the case to the trial court for entry of an appropriate order." Id.

Here, the trial court orally pronounced the revocation of J.E.'s probation but failed to enter a written order. Accordingly, we remand to the trial court for the limited purpose of entering a written order of revocation of probation specifying the conditions of probation that were violated.

J.E. filed a motion in the circuit court to correct the error pursuant to Florida Rule of Juvenile Procedure 8.135(b)(2). No timely order was rendered; thus, the motion is deemed denied. See J.W. v. State, 295 So. 3d 366, 367 (Fla. 2d DCA 2020).
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Affirmed; remanded with directions.

SILBERMAN and BLACK, JJ., Concur.


Summaries of

J.E. v. State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Oct 28, 2020
310 So. 3d 488 (Fla. Dist. Ct. App. 2020)
Case details for

J.E. v. State

Case Details

Full title:J.E., Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: Oct 28, 2020

Citations

310 So. 3d 488 (Fla. Dist. Ct. App. 2020)