SINGLETON v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

Willie Dell SINGLETON, Jr., Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-2001

Decided: August 28, 2020

James S. Purdy, Public Defender, and Kathryn Rollison Radtke, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

Willie Dell Singelton, Jr. appeals his final judgment and sentence for seconddegree murder with a firearm and an order finding him guilty of violating his probation. We affirm the murder conviction without discussion. However, as the State concedes, reversal is required on the violation of probation order because the violation of probation affidavit is absent from the record on appeal. Because the record reflects the possible existence of the affidavit, we reverse and remand to the trial court to conduct further proceedings directed at locating and considering the affidavit. See Jones v. State, 291 So. 3d 1280, 1281 (Fla. 1st DCA 2020); Raimondi v. State, 253 So. 3d 749, 751 (Fla. 3d DCA 2018); Lishinsky v. State, 219 So. 3d 89, 89 (Fla. 4th DCA 2017); Howard v. State, 883 So. 2d 879, 880 (Fla. 4th DCA 2004). If the trial court locates the affidavit on remand, it is directed to enter a written order specifying the conditions of probation found to have been violated by Singleton.

AFFIRMED., in part; REVERSED, in part; and REMANDED with instructions.

PER CURIAM.

EVANDER, C.J., EISNAUGLE and SASSO, JJ., concur.

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