Opinion
No. 3D19-473
01-15-2020
Freddy SALADRIGA, Appellant, v. The STATE of Florida, Appellee.
Carlos J. Martinez, Public Defender, and Shannon Hemmendinger, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and Gabrielle Raemy Charest-Turken, Assistant Attorney General, for appellee.
Carlos J. Martinez, Public Defender, and Shannon Hemmendinger, Assistant Public Defender, for appellant.
Ashley Moody, Attorney General, and Gabrielle Raemy Charest-Turken, Assistant Attorney General, for appellee.
Before SALTER, LINDSEY, and HENDON, JJ.
ON CONFESSION OF ERROR
HENDON, J.
Mr. Freddy Saladriga qualified as a violent felony offender of special concern ("VFOSC"). § 948.06(8)(b)1., Fla. Stat. (2014). At his sentencing for violation of probation, the only issue for the trial court to decide was whether Mr. Saladriga, as a VFOSC, posed a danger to the community. Though the court orally pronounced Mr. Saladriga to be a danger to the community, the court did not reduce its findings to writing. In fact, when told by defense counsel that written findings were required, the court replied, "the statute allows me to just use the transcript."
Section 948.06(8)(e)1. requires the court to make written findings articulating whether or not a VFOSC poses a danger to the community. The State commendably concedes that the trial court failed to make the mandatory written findings as to whether Mr. Saladriga posed a danger to the community as required by section 948.06(8)(e)1. We therefore remand for entry of a written order conforming to the trial court's oral pronouncement that Mr. Saladriga was a VFOSC in willful violation of his probation and posed a danger to the community. McCray v. State, 283 So. 3d 406 (Fla. 3d DCA 2019) ("The written findings requirement of section 948.06(8)(e) is mandatory, not discretionary."); Barber v. State, 207 So. 3d 379, 384 (Fla. 5th DCA 2016) (holding that section 948.06(8)(e)1. specifically provides that "the court shall" make written findings if the court determines that a violent felony offender of special concern has committed a violation of probation).
Remanded with instructions.