Legal Opinion

Viveiros v. State

District Court of Appeal of Florida

Decided September 14, 2018No. Case No. 5D17-3496Published

1Per curiam

We affirm, without further discussion, Ricky Viveiros's judgment and sentence imposed in this case. However, we remand for the trial court to enter a written order to specifically reflect the conditions of violation that the trial court orally announced. See Lewis v. State, 8 So.3d 370, 371 (Fla. 5th DCA 2009) ; Payne v. State, 920 So.2d 742, 743 (Fla. 5th DCA 2006). Further, the record reflects two condition 5 violations but the State only proceeded on one condition 5 violation. On remand, the written order should only reflect the violation for disorderly intoxication. See Kemp v. State, 135…

2Cases cited3 opinions

  1. Kemp v. StateDistrict Court of Appeal of Florida · 2013
  2. Payne v. StateDistrict Court of Appeal of Florida · 2006
  3. Lewis v. StateDistrict Court of Appeal of Florida · 2009

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API