Home/District Court of Appeal of Florida/Viveiros v. State

Viveiros v. State

252 So. 3d 1285
CourtDistrict Court of Appeal of Florida
DecidedSeptember 14, 2018
DocketCase No. 5D17-3496
StatusPublished

This text of 252 So. 3d 1285 (Viveiros 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
Viveiros v. State, 252 So. 3d 1285 (Fla. Ct. App. 2018).

Opinion

PER CURIAM.

We affirm, without further discussion, Ricky Viveiros's judgment and sentence imposed in this case. However, we remand for the trial court to enter a written order to specifically reflect the conditions of violation that the trial court orally announced. See Lewis v. State, 8 So.3d 370, 371 (Fla. 5th DCA 2009) ; Payne v. State, 920 So.2d 742, 743 (Fla. 5th DCA 2006). Further, the record reflects two condition 5 violations but the State only proceeded on one condition 5 violation. On remand, the written order should only reflect the violation for disorderly intoxication. See Kemp v. State, 135 So.3d 347, 347-48 (Fla. 1st DCA 2013).

AFFIRMED and REMANDED with Instructions.

ORFINGER, BERGER and EISNAUGLE, JJ., concur.

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Related

Lewis v. State
8 So. 3d 370 (District Court of Appeal of Florida, 2009)
Payne v. State
920 So. 2d 742 (District Court of Appeal of Florida, 2006)
Kemp v. State
135 So. 3d 347 (District Court of Appeal of Florida, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
252 So. 3d 1285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/viveiros-v-state-fladistctapp-2018.