Florida District Courts of Appeal, 2018

Viveiros v. State

Viveiros v. State
Florida District Courts of Appeal · Decided September 14, 2018
252 So. 3d 1285 (Southern Reporter, Third Series)

Viveiros v. State

Opinion of the Court

PER 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 So.3d 347, 347-48 (Fla. 1st DCA 2013).

AFFIRMED and REMANDED with Instructions.

ORFINGER, BERGER and EISNAUGLE, JJ., concur.

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