Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
T.M.F., a child, Appellant, v. STATE of Florida, Appellee.
We affirm, without discussion, the trial court's order withholding adjudication of delinquency and placing T.M.F. on juvenile probation for five counts of burglary of a conveyance, six counts of criminal mischief, and a single count of resisting a law enforcement officer without violence. We also affirm the trial court's finding that these new law violations, as well as a curfew violation, constituted violations of probation (VOPs) in two separate cases.1 However, because the VOP orders fail to conform to the oral pronouncement 2 and fail to specify the conditions of probation T.M.F. violated, we remand for entry of new written orders specifying that T.M.F. violated condition 1 of the orders of probation, as well as the special condition imposing a curfew. See Rodriguez v. State, 777 So.2d 1175, 1175 (Fla. 4th DCA 2001) (holding the written probation revocation order “must conform to the trial court's oral pronouncement” (citing Robinson v. State, 763 So.2d 1058, 1059 (Fla. 4th DCA 1999) ) ); see also Manis v. State, 30 So.3d 586, 587 (Fla. 5th DCA 2010) (finding that the trial court in a VOP case “must specify in the written order or judgment what conditions the defendant violated” (quoting Mormon v. State, 976 So.2d 1188, 1189 (Fla. 5th DCA 2008) ) ); accord Kadyebo v. State, 15 So.3d 928 (Fla. 5th DCA 2009) (citing Young v. State, 4 So.3d 1265 (Fla. 5th DCA 2009) ).
AFFIRMED; REMANDED FOR ENTRY OF NEW ORDER.
FOOTNOTES
1. Case numbers 5D17-2299 and 5D17-2300 were consolidated for appeal.
2. The trial court's written order on the motion to correct sentencing error was not in conformance with its oral pronouncements as it failed to mention the curfew violation.
PER CURIAM.
ORFINGER, EVANDER and BERGER, JJ., concur.
Thank you for your feedback!
As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.
Docket No: Case Nos. 5D17-2299 & 5D17-2300
Decided: October 19, 2018
Court: District Court of Appeal of Florida, Fifth District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)