Underwood v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DON K. UNDERWOOD, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________ ) Case No. 2D10-3785 Opinion filed October 10, 2012. Appeal from the Circuit Court for Hendry County; Christine Greider, Judge. James Marion Moorman, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Susan M. Shanahan, Assistant Attorney General, Tampa, for Appellee. LaROSE, Judge. Don K. Underwood appeals the revocation of his probation and resulting sentence. We find no merit to two of the issues he raises on appeal. Thus, we affirm the revocation of his probation and sentences without further comment. However, in a third issue, Mr. Underwood argues, and the State concedes, that the trial court erred by failing to enter a written revocation of probation order that specifies the specific conditions of supervision that Mr. Underwood violated. See Wynperle v. State, 21 So. 3d 172, 172-73 (Fla. 2d DCA 2009); Reyes v. State, 9 So. 3d 649, 650 (Fla. 2d DCA 2009); Cato v. State, 845 So. 2d 250, 251 (Fla. 2d DCA 2003). We are compelled to remand with directions to the trial court to enter a formal probation revocation order that complies with the law. Affirmed and remanded with directions. ALTENBERND and CASANUEVA, JJ., Concur. -2-

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