BERNARD LEE VANN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The defendant appeals from the revocation of his probation. An affidavit of violation of probation was filed alleging five different violations. While not raised by either party, the verbal pronouncement of the trial court found the defendant guilty of violating only two conditions of his probation while the written order found him guilty of violating all five conditions. The matter will thus be remanded to the trial court so that the written order may be made to conform to the oral pronouncement. Chester v. State, 355 So. 2d 509 (Fla. 2d DCA 1978); Baldasare v. State, 363 So. 2d 612 (Fla. 2d DCA 1978).
On appeal, the defendant raises two issues: (1) a hearsay argument and (2) an argument based on insufficient evidence regarding ability to pay. We have reviewed the matter and find no error under the hearsay point. We find it unnecessary to address the second argument because the trial court did not orally find defendant guilty as to the failure to pay allegation.
The matter is thus remanded to the trial court for further proceedings in accordance with this opinion.
AFFIRMED IN PART AND REMANDED.
DOWNEY, BERANEK and HERSEY, JJ., concur.
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Citator
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Baker v. State, 674 So. 2d 199 (Fla. 4th DCA 1996)…of probation, however, refers to the affidavit which alleged that Baker committed the greater offense of sexual battery. This court has consistently held that oral pronouncements must emulate the written violation of probation order. Vann v. State, 441 So. 2d 1174 (Fla. 4th DCA 1983); citing Chester v. State, 355 So. 2d 509 (Fla. 2d DCA 1978); Baldasare v. State, 363 So. 2d 612 (Fla. 2d DCA 1978). In light of this discrepancy, we remand with instructions to correct this error. AFFIRMED IN PART AND REVERSED I…
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Lowe v. State, 661 So. 2d 952 (Fla. 4th DCA 1995)…trol. Because the order revoking defendant’s community control reflects a finding that defendant violated all five of the alleged violations, the trial court is further directed to correct the order to reflect its actual findings. See Vann v. State, 441 So. 2d 1174 (Fla. 4th DCA 1983). GLICKSTEIN, STONE and FARMER, JJ., concur.…
Authorities Cited
- Chester v. State, 355 So. 2d 509 (Fla. 2d DCA 1978)
- Baldasare v. State, 363 So. 2d 612 (Fla. 2d DCA 1978)
- Manning v. State, 363 So. 2d 612 (Fla. 3d DCA 1978)