Appeal from the Circuit Court for Miami-Dade County Lower
Tribunal Nos. 05-15245K, 09-1864A, 09-1861A, 09-1859A,
09-1840B, Stephen T. Millan, Judge.
J. Tibbitt, for appellant.
Jo Bondi, Attorney General, and Keri T. Joseph, Assistant
Attorney General, for appellee.
ROTHENBERG, EMAS and FERNANDEZ, JJ. EMAS, J.
ON MOTION FOR REHEARING
grant appellant's motion for rehearing, withdraw our
previous opinion, and substitute the following opinion in its
Miguel Alexander Alvarez Fuentes, appeals from the trial
court's order adjudging him in violation of his
probation, revoking his probation, and sentencing him to a
total of twenty years in prison. We affirm in part, reverse
in part, and remand for entry of a written order of violation
2011, appellant entered a negotiated plea in five separate
cases, and was sentenced to five years'
state prison followed by five years' probation. Appellant
was released from prison in May of 2013, and commenced the
probation portion of his sentence. As a standard condition of
his probation, appellant was required to report monthly to
his probation officer. On April 2, 2014, appellant's
probation was modified to include a requirement that
appellant "keep job application log with minimum of 5
jobs per week." Four weeks after appellant's
probation was modified, the State filed an affidavit alleging
that appellant violated his probation by committing the crime
of uttering a forged instrument on April 28, 2014.
See section 831.02, Florida Statutes (2014). The
affidavit also alleged that appellant violated his probation
by failing to timely submit weekly job application logs to
his probation officer.
affirm the trial court's determination that appellant
violated his probation by committing the new crime of
uttering a forged instrument, and reject appellant's
contention that there was not competent substantial evidence
to support the trial court's determination in this
we reverse the trial court's determination that appellant
violated his probation by failing to submit to the probation
officer, on a weekly basis, his job application logs. On
appeal the State commendably conceded this was error; while
the order of probation required appellant to keep
job application logs on a weekly basis, it did not require
appellant to submit the job application logs on a
note that the trial court failed to enter a written order of
violation of probation. See Francique v. State, 172
So.3d 531 (Fla. 3d DCA 2015). On remand, the trial court
shall enter a written order of violation of probation
consistent with that portion of its oral pronouncement that
appellant violated his probation by committing the crime of
uttering a forged instrument.
the remaining issues to be without merit.
Affirmed in part, reversed in part and remanded with