ZIEDRA JENKINS vs STATE OF FLORIDA

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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 ZIEDRA JENKINS, Appellant, v. Case No. 5D18-3328 STATE OF FLORIDA, Appellee. ________________________________/ Decision filed December 13, 2019 Appeal from the Circuit Court for Brevard County, Nancy Maloney, Judge. James S. Purdy, Public Defender, and Craig R. Atack, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman and Allison L. Morris, Assistant Attorney Generals, Daytona Beach, for Appellee. PER CURIAM. AFFIRMED. EVANDER, C.J., and EISNAUGLE, J., concur. LAMBERT, J., concurs specially with opinion. LAMBERT, J., concurring specially. 5D18-3328 I concur with the majority’s summary affirmance of this appeal. Appellant tendered an open plea admitting that she violated the terms and conditions of her probation. The trial court accepted Appellant’s plea, revoked probation, and imposed a lawful prison sentence upon Appellant. However, the order revoking probation did not specify the condition or conditions of probation that Appellant violated. This was error. See King v. State, 46 So. 3d 1171, 1172 (Fla. 4th DCA 2010) (“If a trial court revokes a defendant’s probation, the court is required to render a written order noting the specific conditions of probation that were violated.”) (additional citations omitted). Neither party has raised this error in this non-Anders 1 appeal. If, following the issuance of our mandate, this matter is properly raised by either party below, the trial court should thereafter enter a proper order of revocation. 1 Anders v. California, 386 U.S. 738 (1967). 2

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