McKinney v. State

District Court of Appeal of Florida

McKinney v. State

156 So. 3d 582, 2015 Fla. App. LEXIS 1191, 2015 WL 376436

CourtDistrict Court of Appeal of Florida

DecidedJanuary 30, 2015

DocketNos. 5D14-851, 5D14-852

StatusPublished

This text of 156 So. 3d 582 (McKinney v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McKinney v. State, 156 So. 3d 582, 2015 Fla. App. LEXIS 1191, 2015 WL 376436 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Shirley McKinney appeals the judgment and sentence imposed against her after the trial court found that she had violated her probation. Although there is substantial, competent evidence to support the trial court’s decision, we are compelled to remand because the trial court failed to enter a written order specifying the conditions of probation that McKinney willfully 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.”).

Accordingly, we vacate the judgment under review and remand for entry of a proper order specifying the conditions that McKinney was found to have violated.

Judgment VACATED; case REMANDED with directions.

BERGER, WALLIS and LAMBERT, JJ., concur.

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PER CURIAM.

Shirley McKinney appeals the judgment and sentence imposed against her after the trial court found that she had violated her probation. Although there is substantial, competent evidence to support the trial court’s decision, we are compelled to remand because the trial court failed to enter a written order specifying the conditions of probation that McKinney willfully 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.”).

Accordingly, we vacate the judgment under review and remand for entry of a proper order specifying the conditions that McKinney was found to have violated.

Judgment VACATED; case REMANDED with directions.

BERGER, WALLIS and LAMBERT, JJ., concur.

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Bluebook (online)

156 So. 3d 582, 2015 Fla. App. LEXIS 1191, 2015 WL 376436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckinney-v-state-fladistctapp-2015.

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