Darrell L. Lowe v. State ( 2017 )


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  •          IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
    FIFTH DISTRICT
    NOT FINAL UNTIL TIME EXPIRES TO
    FILE MOTION FOR REHEARING AND
    DISPOSITION THEREOF IF FILED
    DARRELL LEMOND LOWE,
    Appellant,
    v.                                                    Case No. 5D16-890
    STATE OF FLORIDA,
    Appellee.
    ________________________________/
    Opinion filed August 18, 2017
    Appeal from the Circuit Court
    for Citrus County,
    Richard A. Howard, Judge.
    James S. Purdy, Public Defender, and
    Matthew Funderburk, Assistant Public
    Defender, Daytona Beach, for Appellant.
    Pamela Jo Bondi, Attorney General,
    Tallahassee, and Allison L. Morris,
    Assistant Attorney General, Daytona
    Beach, for Appellee.
    PER CURIAM.
    Darrell Lowe appeals the judgment and sentence imposed by the trial court after it
    found that Lowe had violated community control. We affirm the violation. However, as
    the State properly concedes, we are compelled to remand because the trial court failed
    to enter a written order specifying which community control conditions Lowe violated. See
    Roberts v. State, 
    76 So. 3d 1047
    , 1048 (Fla. 5th DCA 2011) ("This court has consistently
    held that the trial judge must specify, 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 found to have violated.
    Judgment VACATED; case REMANDED for entry of a proper adjudication order.
    EVANDER, BERGER, and WALLIS, JJ., concur.
    2
    

Document Info

Docket Number: 5D16-890

Filed Date: 8/14/2017

Precedential Status: Precedential

Modified Date: 8/26/2017