Michael Pinello v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMay 22, 2020
Docket2D19-1918
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
MICHAEL DAVID PINELLO, )
)
Appellant, )
)
v. ) Case No. 2D19-1918
)
STATE OF FLORIDA, )
)
Appellee. )
________________________________ )
Opinion filed May 22, 2020.
Appeal from the Circuit Court for Polk
County; William D. Sites, Judge.
Howard L. Dimmig, II, Public Defender,
and Stephania A. Gournaris, Assistant
Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General,
Tallahassee, for Appellee.
ROTHSTEIN-YOUAKIM, Judge.
Michael Pinello seeks review of the trial court's May 2019 order revoking
his probation and imposing sentence. Following our independent review of the record
pursuant to Anders v. California, 386 U.S. 738 (1967), see also In re Anders Briefs, 581
So. 2d 149 (Fla. 1991), we affirm without comment the revocation of his probation and
resulting sentence but remand for entry of a corrected written order of revocation that is
consistent with the trial court's oral pronouncement. See, e.g, Jones v. State, 221 So.
3d 736, 736 (Fla. 2d DCA 2017) (remanding "solely to have the trial court enter a written
revocation order that matches its oral pronouncement after the violation hearing").
In the violation affidavit, the State alleged two violations of condition five
and one violation each of condition nine, special condition seven, and special condition
nine. At the revocation hearing, the trial court stated that it found the evidence sufficient
to establish one violation of condition five and the violations of condition nine and
special condition seven. The written order, however, states generally that "the court
finds the defendant is in violation and that the violations are willful and substantial."
In its written order of revocation, the trial court is required to specify the
conditions of probation that it found to have been violated. Cato v. State, 845 So. 2d
250, 251 (Fla. 2d DCA 2003) ("[T]he trial court is required to enter a formal order of
violation of probation that lists the specific conditions the court determined Cato
violated." (emphasis omitted)). That written order "must conform to the oral
pronouncement at the hearing." Narvaez v. State, 674 So. 2d 868, 869 (Fla. 2d DCA
1996) (first citing Corona v. State, 642 So. 2d 667 (Fla. 3d DCA 1994); and then citing
Hawthorne v. State, 583 So. 2d 425 (Fla. 1st DCA 1991)).
Here, the trial court's written order fails to specify the conditions that it
found Pinello to have violated. Accordingly, we remand for the court to enter a written
order that specifies those conditions consistent with its oral pronouncement.
Affirmed; remanded with instructions.
MORRIS and SALARIO, JJ., Concur.
-2-