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Lowe v. State

District Court of Appeal of Florida, Fifth District.
Aug 18, 2017
225 So. 3d 953 (Fla. Dist. Ct. App. 2017)

Opinion

Case No. 5D16-890.

08-18-2017

Darrell Lemond LOWE, Appellant, v. STATE of Florida, Appellee.

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.


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.


Summaries of

Lowe v. State

District Court of Appeal of Florida, Fifth District.
Aug 18, 2017
225 So. 3d 953 (Fla. Dist. Ct. App. 2017)
Case details for

Lowe v. State

Case Details

Full title:Darrell Lemond LOWE, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fifth District.

Date published: Aug 18, 2017

Citations

225 So. 3d 953 (Fla. Dist. Ct. App. 2017)

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