Moncrieffe v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2009 FABIAN MONCRIEFFE, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D07-4717 [September 2, 2009] PER CURIAM. The defendant appeals his conviction and sentence for a violation of probation based on his arrest on new charges. He argues the court erred in finding that he violated his probation and in failing to enter a written order of revocation. We find no error in the court s finding that the defendant violated his probation, but we do find error in the trial court s failure to enter a written order specifying the specific condition of probation that [the defendant] violated . . . . Peterson v. State, 962 So. 2d 367, 369 (Fla. 4th DCA 2007). We therefore reverse and remand the case to the trial court for entry of a written order of revocation. Reversed in part and remanded. STEVENSON, MAY and LEVINE, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Pedro Dijols, Judge; L.T. Case Nos. 04-891CF10A and 04-6734CF10A. Carey Haughwout, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant. Bill McCollum, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing.

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