County Case No.: MM00-05561A-XX
Appeal No.: DD-42
GENE DENTON,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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OPINION OF THE COURT
This is an appeal from the county court of Polk County, Judge Karla F. Wright presiding. The Appellant pled nolo contendere to battery and criminal mischief on July 12, 2000 and was sentenced to 12 months probation. Two violation of probation affidavits were filed against Appellant and after a hearing, the court found Appellant to be in violation of his probation. On April 2, 2001, the trial court sentenced Appellant to 364 days in county jail along with court costs and fines. On April 27, 2001, Appellant filed a timely notice of appeal. This court has jurisdiction. Fla. R. App. P. 9.030(c). This cause is remanded to the trial court.
On September 21, 2001, the trial court entered a formal, written order. Counsel for Appellant and Appellee both agree that though the trial court determined that Appellant pled guilty to domestic battery while on probation, it did not specify which condition of probation Appellant violated. If a trial court finds that a defendant violated the terms of his probation, it shall enter a formal, written order of violation listing the conditions violated. Monroe v. State, 760 So.2d 289 (Fla. 2nd DCA 2000); Batten v. State, 589 So.2d 1030 (Fla. 2nd DCA 1991); Hillman v. State, 663 So.2d 671 (Fla. 2nd DCA 1995).
Accordingly, it is ORDERED that the cause is remanded to the trial court to enter a formal, written order that lists the condition(s) of probation Appellant violated.
ORDERED June 2002
CHARLES B. CURRY, Chief Judge