678 SO2D 923 - Barta v. State

How this case has been cited

Cited by 7 later decisions — most recently December 2011

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 *924 James B. Gibson, Public Defender, and Dee R. Ball, Assistant Public Defender, Daytona Beach, for Appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Turner, Assistant Attorney General, Daytona Beach, for Appellee.

¶3COBB, Judge.

¶4There is one issue posed by this appeal: was this court correct in our holding in Bass v. State,662 So.2d 1024 (Fla. 5th DCA 1995), that an order revoking probation must state in writing the probationary condition(s) which the trial court found was violated. The state contends that the trial court's oral factual findings, which are contained in the transcript, are sufficient.

¶5Bass is consistent not only with opinions from the First and Second Districts, but also with Florida Rule of Appellate Procedure 9.020(g), which states: "An order is rendered when a signed, written order is filed with the clerk of the lower tribunal." Accordingly, this cause is reversed and remanded for entry of a written order specifying the condition(s) of probation which the defendant violated.

¶6REVERSED AND REMANDED.

¶7W. SHARP, and GOSHORN, JJ., concur.