Opinion
Case No. 2D99-1775
September 8, 2000.
Appeal from the Circuit Court for Hillsborough County; Chet A. Tharpe, Judge.
James Marion Moorman, Public Defender, and Patricia A. Paterson, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Robert J. Krauss, Senior Assistant Attorney General, Chief of Criminal Law, Tampa, for Appellee.
We affirm the sentence imposed on violation of community control. The trial court failed to prepare an order on the violations of probation. Thus, we reverse the trial court to the extent that it must prepare a written order on the violations on remand. Because the State failed to prove a violation of condition 3, just as it had failed to prove that condition in a previous appeal, Milbry v. State, 722 So.2d 834 (Fla. 2d DCA 1998), the order on remand should reflect a violation of only condition 12.
Affirmed in part, reversed in part, and remanded.
ALTENBERND, A.C.J., and WHATLEY, J., and DANAHY, PAUL W., (SENIOR) JUDGE, Concur.