DWIGHT ROBERTS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal by the defendant Dwight Roberts from an order revoking his probation and a prison sentence imposed on him thereafter. After the probation revocation hearing below, the trial court orally found in open court that the defendant had violated his probation by: (1) changing his residence without the consent of his probation supervisor, and (2) failing to make required reports to his probation supervisor. The defendant’s sole point on appeal is that the written order revoking probation, which was subsequently entered by the trial court, does not track these oral findings.
We entirely agree, as indeed does the state in its answer brief, and, accordingly, we affirm the probation revocation order under review, but direct that the subject order be modified on remand so as to conform to the oral findings of the trial court. See Bexley v. State, 490 So. 2d 226, 228 (Fla. 2d DCA 1986); Brown v. State, 423 So. 2d 599 (Fla. 3d DCA 1982).
Affirmed and remanded for modification.
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Corona v. State, 642 So. 2d 667 (Fla. 3d DCA 1994)…hould be remanded to the trial court with instructions to strike the reference to the commission of an aggravated assault from the revocation order. See Manuel v. State, 564 So. 2d 291 (Fla. 3d DCA 1990); Archie, 558 So. 2d at 183; Roberts v. State, 512 So. 2d 286 (Fla. 3d DCA 1987).…
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Manuel v. State, 564 So. 2d 291 (Fla. 3d DCA 1990)…upon appellee State’s confession of error, the case law, and our review of the record, we affirm the probation order under review, but direct that the order be modified on remand to conform to the oral findings of the trial court. Roberts v. State, 512 So. 2d 286 (Fla. 3d DCA 1987); Diaz v. State, 445 So. 2d 619 (Fla. 3d DCA 1984). Affirmed and remanded for modification.…
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Williams v. State, 528 So. 2d 127 (Fla. 3d DCA 1988)…t violated condition number 10 of probation by failing to pay the cost of supervision does not conform to the court’s oral finding. Therefore, the trial court is directed to modify the written order by striking this finding. Roberts v. [*128] State, 512 So. 2d 286 (Fla. 3d DCA 1987). As modified, the order is Affirmed.…
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- Bexley v. State, 490 So. 2d 226 (Fla. 2d DCA 1986)
- Fininvest Invs., Ltd. v. Metro. Dade Cnty. & Malvolio, N.V., 423 So. 2d 599 (Fla. 3d DCA 1982)
- Earnest James Brown v. State, 423 So. 2d 599 (Fla. 3d DCA 1982)