SMITH v. STATE (2019)

District Court of Appeal of Florida, Fifth District.

Jeffrey R. SMITH, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-1521

Decided: December 06, 2019

James S. Purdy, Public Defender, and Teresa D. Sutton, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Kristen Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

In this Anders ¹ appeal, Jeffery R. Smith appeals the judgment and sentence entered after a violation of probation hearing. We affirm; however, we remand for the lower court to enter a written order specifying the condition or conditions of probation that Smith was found to have violated and to enter a written order conforming to the lower court's oral finding that Smith was a danger to the community, as required by section 948.06(8)(e), Florida Statutes (2019). See White v. State, 272 So. 3d 857, 857 (Fla. 5th DCA 2019) (remanding for entry of written order revoking appellant's probation specifying conditions of probation that lower court found appellant violated); Barber v. State, 207 So. 3d 379, 384 (Fla. 5th DCA 2016) (“[T]he written findings requirement of section 948.06(8)(e) is mandatory, not discretionary.”).

AFFIRMED; REMANDED WITH INSTRUCTIONS.

FOOTNOTES

1. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

PER CURIAM.

EVANDER, C.J., COHEN and WALLIS, JJ., concur.

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