TIMOTHY LAWRENCE v. State

Third District Court of Appeal
State of Florida
Opinion filed January 20, 2021.
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No. 3D19-762
Lower Tribunal No. 15-23633
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Timothy Lawrence,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Milton
Hirsch, Judge.
Carlos J. Martinez, Public Defender, and Stephen J. Weinbaum,
Assistant Public Defender, for appellant.
Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant
Attorney General, for appellee.
Before LOGUE, LINDSEY, and LOBREE, JJ.
PER CURIAM.
ON CONFESSION OF ERROR
Timothy Lawrence appeals an order revoking his probation. The
revocation order neither indicates that Mr. Lawrence admitted to committing
the violations nor that it is based on evidence adduced at a revocation
hearing. See McCloud v. State, 653 So. 2d 453, 454–56 (Fla. 3d DCA
1995) (holding that trial court is required to provide written statement of
reasons for revocation, and evidence relied upon in making that finding).
The State concedes there is nothing in the record to show either that
a revocation hearing took place or that Mr. Lawrence admitted to the
probation violations. Based on our review of the record, and the State’s
proper confession of error, we vacate the revocation order and remand to
the trial court for further proceedings.
Reversed and remanded.
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