SPENCER MANLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1984-08-08
No. 83-1672
LETTS, HURLEY and WALDEN, JJ., concur.
453 So. 2d 231 Florida District Court of Appeal, Fourth District (1984) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This Court’s opinion of July 11, 1984, is withdrawn and shall be substituted with the following:

The record does not appear to contain a written order of revocation of probation, nor is it apparent which particular condition or conditions of probation have been violated. Accordingly, under the rationale of Smith v. State, 449 So. 2d 415 (Fla. 2d DCA 1984), we remand for the entry of an appropriate order. In all other respects, the cause is affirmed.

LETTS, HURLEY and WALDEN, JJ., concur.


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  • Howard v. State, 473 So. 2d 716 (Fla. 4th DCA 1985)
    …ion was not willful and substantive. Therefore, we affirm the revocation of his probation. Nevertheless, the trial court failed to enter a written order revoking appellant’s probation, and accordingly, we remand for entry of same. Manley v. State, 453 So. 2d 231 (Fla. 4th DCA 1984). The trial court, on remand, should enter an order to conform to its oral pronouncements which sentenced him to two years in prison for the strong armed robbery. However, it is without authority to sentence him for more than sixt…

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