Ricky Viveiros v. State

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED RICKY VIVEIROS, Appellant, v. Case No. 5D17-3496 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed September 14, 2018 Appeal from the Circuit Court for Orange County, Kimberly M. Shepard, Judge. James S. Purdy, Public Defender, and Andrew Mich, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee. 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. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.