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Wilcox v. State

District Court of Appeal of Florida, Third District
Jan 18, 2006
919 So. 2d 609 (Fla. Dist. Ct. App. 2006)

Opinion

No. 3D04-2549.

January 18, 2006.

An Appeal from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge.

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and William J. Selinger, Assistant Attorney General, for appellee.

Before SHEPHERD, SUAREZ, and ROTHENBERG, JJ.


The defendant appeals the revocation of his probation after a plea to strong-arm robbery. The affidavit of violation of community control alleged that the defendant failed to remain confined to his approved residence without the consent of his probation officer and that the defendant changed his residence without the consent of his probation officer. The trial court revoked the defendant's probation without entering a written order as to its findings.

The trial court failed to render the required written order revoking probation stating the conditions of probation which the trial court found to have been violated. Therefore, we remand this case for entry by the trial court of the required written order. Once the trial court enters the required order, should the defendant contend the grounds are not supported by the evidence, the defendant may appeal. See McCloud v. State, 653 So.2d 453 (Fla. 3d DCA 1995).

Additionally, the reasons for the revocation were not stated by the trial court at the hearing and are not part of the record.

Reversed and remanded with instructions.


Summaries of

Wilcox v. State

District Court of Appeal of Florida, Third District
Jan 18, 2006
919 So. 2d 609 (Fla. Dist. Ct. App. 2006)
Case details for

Wilcox v. State

Case Details

Full title:Murray L. WILCOX, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jan 18, 2006

Citations

919 So. 2d 609 (Fla. Dist. Ct. App. 2006)

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