Nelson v. State, 670 So. 2d 193

Lead Opinion

PER CURIAM.

This is an appeal of an order revoking appellant’s probation. The trial court’s written order did not specify the condition of probation appellant violated. We remand to the trial court with directions to enter a written order consistent with its oral pronouncement that appellant violated probation by changing his residence without permission. See Donley v. State, 557 So.2d 943 (Fla. 2nd DCA 1990); Smothers v. State, 582 So.2d 182 (Fla. 4th DCA 1991); Hood v. State, 642 So.2d 665 (Fla. 1st DCA 1994). We affirm in all other respects.

GUNTHER, C.J., and GROSS, J, concur. STONE, J., dissents in part with opinion.

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Dissenting Opinion

STONE, Judge,

dissenting in part.

I would additionally reverse as to the trial court’s revoking Appellant’s probation. In my judgment, the evidence in this case that Appellant moved his residence without notifying his probation officer was insufficient to support revocation.

Case Details

Case Name: Nelson v. State

Court Name: District Court of Appeal of Florida

Date Published: Mar 27, 1996

Citations: 670 So. 2d 193; 1996 WL 135518; 1996 Fla. App. LEXIS 3058; No. 95-2157

Docket Number: No. 95-2157

Court Abbreviation: Fla. Dist. Ct. App.