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Darrell L. Lowe v. State
5D16-890
| Fla. Dist. Ct. App. | Aug 14, 2017
|
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*1 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 DARRELL LEMOND LOWE,

Appellant, v. Case No. 5D16-890 STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed August 18, 2017

Appeal from the Circuit Court

for Citrus County,

Richard A. Howard, Judge.

James S. Purdy, Public Defender, and

Matthew Funderburk, Assistant Public

Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General,

Tallahassee, and Allison L. Morris,

Assistant Attorney General, Daytona

Beach, for Appellee.

PER CURIAM.

Darrell Lowe appeals the judgment and sentence imposed by the trial court after it found that Lowe had violated community control. We affirm the violation. However, as the State properly concedes, we are compelled to remand because the trial court failed to enter a written order specifying which community control conditions Lowe violated. See *2 Roberts v. State, 76 So. 3d 1047, 1048 (Fla. 5th DCA 2011) ("This court has consistently held that the trial judge must specify, in the written order or judgment, which conditions of probation or community control have been violated." (citing Bell v. State, 60 So. 3d 558 (Fla. 5th DCA 2011))).

Accordingly, we vacate the judgment under review and remand for entry of a proper order specifying which conditions Lowe was found to have violated.

Judgment VACATED; case REMANDED for entry of a proper adjudication order.

EVANDER, BERGER, and WALLIS, JJ., concur.

2

Case Details

Case Name: Darrell L. Lowe v. State
Court Name: District Court of Appeal of Florida
Date Published: Aug 14, 2017
Docket Number: 5D16-890
Court Abbreviation: Fla. Dist. Ct. App.
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