Mitchell v. State, 263 So. 3d 252 (2019)

Jan. 25, 2019 · District Court of Appeal of Florida, Fifth District · Case No. 5D18-371

263 So. 3d 252

Amarti MITCHELL, Appellant,
v.
STATE of Florida, Appellee.

Case No. 5D18-371

District Court of Appeal of Florida, Fifth District.

Opinion filed January 25, 2019

James S. Purdy, Public Defender, and Kathryn Rollison Radtke, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley B. Moody, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

CORRECTED

PER CURIAM.

Amarti Mitchell appeals the judgment and sentence imposed upon him after the trial court found he violated condition five of his order of probation for committing a new law violation. We affirm but remand solely for entry of a proper order revoking probation. See Dolinger v. State, 779 So.2d 419, 421 (Fla. 2d DCA 2000) (determining trial court erred by failing to enter a written revocation order and remanding for entry of said order); see also Green v. State, 23 So.3d 820, 821 (Fla. 4th DCA 2009) (remanding for entry of a written order revoking probation where record clearly showed the trial court had revoked appellant's probation).

AFFIRMED; REMANDED for entry of revocation order.

ORFINGER and BERGER, JJ., and JACOBUS, B.W., Senior Judge, concur.