ARTHUR BROOKSHIRE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1985-07-19
No. 84-2462
RYDER, C.J., and HALL, J., concur.
473 So. 2d 14 Florida District Court of Appeal, Second District (1985) Positive Treatment
Cited by 8 cases
Topics
Written Order Oral Pronouncement Vs. Written Order Oral Pronouncement Probation Conditions

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Opinion of the Court
SCHEB, Judge.

SCHEB, Judge.

Defendant Brookshire appeals the order revoking his probation and requests reversal of the judgment and sentence of the trial court. The affidavit for violation of probation alleged that defendant (1) had not filed his monthly reports for three months, (2) had not paid the costs of his supervision, and (3) had not reported his change of residence to his probation officer. During the probation revocation hearing, the trial court orally stated that defendant had violated the conditions of probation requiring him to file monthly reports and to notify his probation officer of a change in residence. The evidence supports the trial judge’s findings. The written order did not recite which conditions of probation were violated and thus did not conform to the court’s oral pronouncement. Although the error must be corrected, it is not sufficient grounds for reversal. Feezel v. State, 463 So. 2d 1244 (Fla. 2d DCA 1985); Brown v. State, 429 So. 2d 821 (Fla. 2d DCA 1983); Dunlap v. State, 405 So. 2d 796 (Fla. 2d DCA 1981).

We therefore affirm the revocation of probation but remand for correction of the written order to reflect which probation conditions were violated.

RYDER, C.J., and HALL, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Lavaughn Boggs v. State, 557 So. 2d 203 (Fla. 2d DCA 1990)
    …challenge the sufficiency of the evidence supporting the judge’s oral findings, only that the written order does not conform to the court’s oral pronouncement. We agree that the defendant is entitled to have the order corrected. Brookshire v. State, 473 So. 2d 14 (Fla. 2d DCA 1985). Accordingly, we affirm the revocation of the defendant’s probation but remand for correction of the written order to reflect the court’s oral pronouncement as to the probation conditions violated. The defendant need not be pres…
  • Moore v. State, 739 So. 2d 129 (Fla. 3d DCA 1999)
    …ity control officer and failed to file his required weekly log accounting for all of his activities. See McPherson v. State, 530 So. 2d 1095, 1097-98 (Fla. 1st DCA 1988); McNealy v. State, 479 So. 2d 138, 139 (Fla. 2d DCA 1985); Brookshire v. State, 473 So. 2d 14, 15 (Fla. 2d DCA 1985); see generally Anderson v. State, 711 So. 2d 106 (Fla. 4th DCA 1998); Molina v. State, 520 So. 2d 320 (Fla. 2d DCA 1988). Affirmed.…
  • Wilson v. State, 582 So. 2d 150 (Fla. 3d DCA 1991)
    …o. 2d 696 (Fla. 3d DCA), review denied, 576 So. 2d 287 (Fla.1990); McPherson v. State, 530 So. 2d 1095 (Fla. 1st DCA 1988); Warren v. State, 499 So. 2d 55 (Fla. 4th DCA 1986); McNealy v. State, 479 So. 2d 138 (Fla. 2d DCA 1985); Brookshire v. State, 473 So. 2d 14 (Fla. 2d DCA 1985).…

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