JOHNNY LEE BURTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that while the judgment and sentence are affirmed, the probation revocation orders must be corrected to reflect the trial court's actual findings.
Appellant was charged with violating probation. The trial court orally found violations of specific conditions but later entered an order revoking pro…
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PER CURIAM.
, Appellant was charged in six counts with violating his probation. At the conclusion of the hearing on said charges on June 11, 1979, the trial judge announced that he found from the proof adduced that appellant had violated the condition of probation set out in Paragraph I of each of the affidavits and warrants in that appellant failed to submit monthly reports from April through December 1978, in violation of Condition # 2 of his probation orders. However, the Order of Revocation of Probation, entered on August 13,1979, found the appellant had violated his probation as alleged in all six counts of the affidavits.
Appellant contends the trial court was incorrect in its written order and the State concedes the mistake. A review of the transcript of the probation violation hearing supports this concession. It is apparent that in reducing the order to writing some eight weeks later the trial court overlooked his limited findings at the hearing. This case is not unlike Gadson v. State, 368 So. 2d 429 (Fla.2d DCA 1979), wherein much the same oversight took place.
Appellant also attacks the finding that he violated Condition # 2 requiring him to submit monthly reports. There is no merit to appellant’s contention in this regard. There was direct evidence of this violation corroborated by testimony of an admission by appellant.
Accordingly, the judgment and sentence appealed from are affirmed, but the cause is remanded with directions to strike from the two orders dated August 13, 1979, revoking appellant’s probation, the findings that appellant violated Conditions # 4 and # 9.
AFFIRMED AND REMANDED with directions.
DOWNEY, C. J., and ANSTEAD and HERSEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Parrish v. State, 406 So. 2d 505 (Fla. 3d DCA 1981)…we agree that the portions of the order finding the defendant guilty of violations upon which the court had not made specific limited findings of violation of probation were error. Clemons v. State, 338 So. 2d 639 (Fla.2d DCA 1980); Burton v. State, 382 So. 2d 835 (Fla. 4th DCA 1980). Consequently, all findings of probation violations in the written order of February 7, 1980 other than condition 2, failure to file probation reports, and condition 7, failure to communicate with his probation officer, are vacat…
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Hernandez v. State, 422 So. 2d 942 (Fla. 4th DCA 1982)…PER CURIAM. Affirmed. However, we remand for correction of the order revoking the appellant’s probation. The written order of revocation must conform to the court’s oral pronouncement. Burton v. State, 382 So. 2d 835 (Fla. 4th DCA 1980); Towson v. State, 382 So. 2d 870 (Fla. 4th DCA 1980). Affirmed and Remanded with directions. BERANEK and WALDEN, JJ., and OWEN, WILLIAM G, Jr., (Retired) Associate Judge, concur.…
Authorities Cited
- Sammie Gadson v. State, 368 So. 2d 429 (Fla. 2d DCA 1979)