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Cato v. State

District Court of Appeal of Florida, Second District
May 2, 2003
845 So. 2d 250 (Fla. Dist. Ct. App. 2003)
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Summary

finding that if a formal written order does not exist, it is appropriate to “remand for entry of a proper order....”

Summary of this case from Robinson v. State
See 6 Summaries

Opinion

Case No. 2D02-3487.

Opinion filed May 2, 2003.

Appeal from the Circuit Court for Pasco County; Wayne L. Cobb, Judge.

Steven Herman of Steven Herman, P.A., Zephyrhills, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Robert J. Krauss, Senior Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Ponce Cato seeks review of two judgments and sentences for possession of cocaine rendered after he entered a guilty plea to one charge and admitted to a resulting violation of probation. Counsel filed briefs asserting no meritorious argument pursuant to Anders v. California, 386 U.S. 738 (1967). We agree with counsel that no meritorious issues exist and affirm the convictions. However, we remand for entry of a proper order of revocation of probation.

We previously relinquished jurisdiction for the entry of a proper order of revocation of probation pursuant to Monroe v. State, 760 So.2d 289 (Fla. 2d DCA 2000), and Donley v. State, 557 So.2d 943 (Fla. 2d DCA 1990), because the record did not contain a written order of revocation of probation that specified the conditions of supervision that the trial court determined Cato violated. The trial court declined to enter such an order, apparently under the erroneous belief that the court complied withMonroe and Donley by including the following provision in the final judgment: "The Court found the Defendant in violation of specific conditions of probation/community control, see attached affidavit." As we stated in Monroe and Donley, the trial court is required to enter aformal order of violation of probation that lists the specific conditions the court determined Cato violated. Merely attaching an affidavit of violation of probation alleging violations of various conditions of probation to the final judgment is insufficient to apprise this court of the basis for the revocation of probation. Accordingly, we remand for entry of a proper order of violation of probation.

Affirmed and remanded with directions.

ALTENBERND, C.J., and NORTHCUTT and STRINGER, JJ., Concur.

Summaries of

Cato v. State

District Court of Appeal of Florida, Second District
May 2, 2003
845 So. 2d 250 (Fla. Dist. Ct. App. 2003)

finding that if a formal written order does not exist, it is appropriate to “remand for entry of a proper order....”

Summary of this case from Robinson v. State

reaffirming that a written order of revocation must specify the conditions of probation that have been violated

Summary of this case from Cabezudo v. State

remanding for entry of a formal order of violation and explaining that merely attaching an affidavit of violation of probation and community control to the final judgment is insufficient

Summary of this case from Crichton v. State

remanding with directions to the trial court to enter a final order of revocation of probation citing the specific condition of probation that the defendant violated

Summary of this case from Burnem v. State

relinquishing jurisdiction for entry of an order revoking probation specifying the conditions violated

Summary of this case from Perez-Cardosa, v. States

remanding with direction to the trial court to enter a formal order of revocation of probation listing the specific conditions that the defendant had violated

Summary of this case from Ash v. State
Case details for

Cato v. State

Case Details

Full title:PONCE CATO, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: May 2, 2003

Citations

845 So. 2d 250 (Fla. Dist. Ct. App. 2003)

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