ROGERS v. STATE (2019)

District Court of Appeal of Florida, Fifth District.

Donte Lamar ROGERS, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-2751

Decided: April 26, 2019

James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

Donte Rogers appeals the judgments and sentences imposed upon him after the trial court found he violated his probation in case numbers 04-CF-010445 and 04-CF-013416. We affirm but remand solely for entry of a proper order revoking probation. See Mitchell v. State, 263 So.3d 252, 252 (Fla. 5th DCA 2019) (remanding for entry of proper written order revoking probation); see also Green v. State, 23 So.3d 820, 821 (Fla. 4th DCA 2009) (remanding for entry of written order revoking probation where record clearly showed trial court had revoked appellant's probation); Dolinger v. State, 779 So.2d 419, 421 (Fla. 2d DCA 2000) (determining trial court erred by failing to enter written revocation order and remanding for entry of said order).

AFFIRMED; REMANDED for entry of revocation order.

PER CURIAM.

EISNAUGLE, HARRIS and GROSSHANS, JJ., concur.

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