Bell v. State

Decision Date06 May 2011
Docket NumberNo. 5D10–3247.,5D10–3247.
Citation60 So.3d 558
PartiesJoshua M. BELL, Appellant,v.STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

OPINION TEXT STARTS HEREAppeal from the Circuit Court for Lake County, T. Michael Johnson, Judge.James S. Purdy, Public Defender, and Colby Nicole Ferris, Assistant Public Defender, Daytona Beach, for Appellant.Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.PER CURIAM.

Bell appeals from the judgment and sentence imposed by the trial court after it found that he had violated his probation. Although there was substantial competent evidence to support the trial court's decision, we are compelled to remand because the trial court failed to enter a written order specifying the probation conditions violated.1 See Mormon v. State, 976 So.2d 1188 (Fla. 5th DCA 2008); Patt v. State, 876 So.2d 1278 (Fla. 5th DCA 2004); Brinson v. State, 866 So.2d 1268 (Fla. 5th DCA 2004).

We, therefore, vacate the judgment under review and remand for entry of a proper order specifying which conditions Bell was found to have violated.

Judgment VACATED; case REMANDED for entry of a proper adjudication order.

1. During the pendency of this appeal, the trial court entered a new order in an apparent attempt to remedy this error. However, the trial court lacked jurisdiction to enter said order. See State ex rel. Salomon v. Sandstrom, 349 So.2d 696 (Fla. 3d DCA 1977).

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7 cases
  • Hanks v. State
    • United States
    • Florida District Court of Appeals
    • March 2, 2018
    ...DCA 2017) ; Biser v. State , 157 So.3d 539 (Fla. 5th DCA 2015) ; Roberts v. State , 76 So.3d 1047 (Fla. 5th DCA 2011) ; Bell v. State , 60 So.3d 558 (Fla. 5th DCA 2011) ; Mormon v. State , 976 So.2d 1188 (Fla. 5th DCA 2008) ; Brinson v. State , 866 So.2d 1268 (Fla. 5th DCA 2004).Accordingly......
  • Roberts v. State
    • United States
    • Florida District Court of Appeals
    • December 16, 2011
    ...must specify, in the written order or judgment, which conditions of probation or community control have been violated. Bell v. State, 60 So.3d 558 (Fla. 5th DCA 2011); Mormon v. State, 976 So.2d 1188 (Fla. 5th DCA 2008); Brinson v. State, 866 So.2d 1268 (Fla. 5th DCA 2004); Barta v. State, ......
  • Bush v. State
    • United States
    • Florida District Court of Appeals
    • March 24, 2016
    ...properly concedes, the trial court failed to enter a written order specifying the probation conditions violated. See Bell v. State, 60 So.3d 558, 558 (Fla. 5th DCA 2011) ; Young v. State, 4 So.3d 1265, 1266 (Fla. 5th DCA 2009).Accordingly, we affirm the conviction and sentence but remand fo......
  • Lowe v. State
    • United States
    • Florida District Court of Appeals
    • August 18, 2017
    ...in the written order or judgment, which conditions of probation or community control have been violated." (citing Bell v. State, 60 So.3d 558 (Fla. 5th DCA 2011) )).Accordingly, we vacate the judgment under review and remand for entry of a proper order specifying which conditions Lowe was f......
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