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Kaylin Marie Hevia, Appellant, v. State of Florida, Appellee. (2024)

District Court of Appeal of Florida, Fifth District.2024-02-16No. Case No. 5D22-0915

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Opinion

Kaylin Hevia appeals from the trial courts order finding her in violation of her probation and sentencing her to a term of 120 days in jail with credit for 30 days. On review of the record, we reject Appellants argument that the trial court prejudged the matter, as well as Appellants argument that the trial court erred in its finding of a violation. However, although the trial court issued a ruling from the bench finding that Appellant had violated her probation and stating the conditions that had been violated, the trial court failed to enter an order that set forth in writing the conditions that were found to have been violated and whether those violations were willful and substantial. Because the trial courts findings are supported by competent, substantial evidence and, if reduced to writing, would be adequate to sustain the trial courts finding of a willful and substantial violation of probation, we affirm but remand the matter for entry of a proper order. See Fla. R. App. P. 9.020(h); see also Perez v. State, 958 So. 2d 1076 (Fla. 5th DCA 2007); Barta v. State, 678 So. 2d 923 (Fla. 5th DCA 1996).

Affirmed; Remanded for Entry of a Proper Order.

Per Curiam.

Edwards, C.J., and Wallis and Pratt, JJ., concur.