5D05-2574 Michael Paynev. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D05-2574

Case Date: 02/06/2006

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006

MICHAEL PAYNE, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 10, 2006 Appeal from the Circuit Court for Brevard County, W. David Dugan, Judge. James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D05-2574

PER CURIAM. Michael Payne appeals the order finding him in violation of probation. His sole issue on appeal is that the court failed to enter a written order stating which conditions the court found that he had violated. Payne is correct that such an order is necessary. Brinson v. State, 866 So. 2d 1268 (Fla. 5th DCA 2004).

Accordingly, we affirm the revocation of Payne's probation, but remand for the entry of a proper order. AFFIRMED IN PART and REMANDED.

PLEUS, C.J., SAWAYA and ORFINGER, JJ., concur.

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