J. E. v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledOctober 28, 2020
Docket2D19-3273
StatusPublished
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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
J.E., )
)
Appellant, )
)
v. ) Case No. 2D19-3273
)
STATE OF FLORIDA, )
)
Appellee. )
)
Opinion filed October 28, 2020.
Appeal from the Circuit Court for Polk
County; Melissa Gravitt, Judge.
Howard L. Dimmig, II, Public Defender,
and Robert D. Rosen, Assistant Public
Defender, Bartow, for Appellant.
Ashley Moody, Attorney General,
Tallahassee, and Cynthia Richards,
Assistant Attorney General, Tampa,
for Appellee.
CASANUEVA, Judge.
J.E., a juvenile, appeals the revocation of his probation and resulting order
of commitment in six consolidated circuit court cases. The only issue raised on appeal
is the trial court's failure to enter a written order revoking probation and setting forth the
conditions violated. The State properly concedes error. We affirm the revocation and
commitment order, but we remand for entry of a written order of revocation of probation.
When a trial court revokes a juvenile's probation, it is well settled that the
trial court is required to render a written order setting forth the conditions of probation
that were violated. T.M. v. State, 233 So. 3d 1275, 1275 (Fla. 3d DCA 2017). If no
such written order is rendered, "it is appropriate to remand the case to the trial court for
entry of an appropriate order." Id.
Here, the trial court orally pronounced the revocation of J.E.'s probation
but failed to enter a written order.1 Accordingly, we remand to the trial court for the
limited purpose of entering a written order of revocation of probation specifying the
conditions of probation that were violated.
Affirmed; remanded with directions.
SILBERMAN and BLACK, JJ., Concur.
1J.E. filed a motion in the circuit court to correct the error pursuant to
Florida Rule of Juvenile Procedure 8.135(b)(2). No timely order was rendered; thus, the
motion is deemed denied. See J.W. v. State, 295 So. 3d 366, 367 (Fla. 2d DCA 2020).
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