JENKINS v. STATE (2019)

AFFIRMED.

I concur with the majority's summary affirmance of this appeal. Appellant tendered an open plea admitting that she violated the terms and conditions of her probation. The trial court accepted Appellant's plea, revoked probation, and imposed a lawful prison sentence upon Appellant. However, the order revoking probation did not specify the condition or conditions of probation that Appellant violated. This was error. See King v. State, 46 So. 3d 1171, 1172 (Fla. 4th DCA 2010) (“If a trial court revokes a defendant's probation, the court is required to render a written order noting the specific conditions of probation that were violated.”) (additional citations omitted).

Neither party has raised this error in this non-Anders ¹ appeal. If, following the issuance of our mandate, this matter is properly raised by either party below, the trial court should thereafter enter a proper order of revocation.

FOOTNOTES

1.   Anders v. California, 386 U.S. 738 (1967).

PER CURIAM.

EVANDER, C.J., and EISNAUGLE, J., concur. LAMBERT, J., concurs specially with opinion.