WILLIE LEE SLATER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SHARP, Chief Judge.
This is an appeal from an order revoking appellant’s probation. We affirm the lower court’s finding that conditions 6 (violation of any state law), 8 (possession of a firearm) and 9 (possession of marijuana) had been violated. However, we amend the order to delete the finding that conditions 1, 13 and 16 were violated. As to condition 1 (failure to timely file a written report), the lower court’s written order did not conform to its oral pronouncement. Towson v. State, 382 So. 2d 870 (Fla. 5th DCA 1980). As to conditions 13 (payment of fees) and 16 (performance of community service), no evidence was adduced at the revocation hearing to support the charges. Jackson v. State, 449 So. 2d 309 (Fla. 5th DCA 1984).
AFFIRMED as modified.
DANIEL and GOSHORN, JJ., concur.
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Citator
Cited By
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McMAHILL v. State, 826 So. 2d 525 (Fla. 5th DCA 2002)…ns is included in the revocation order, despite McMahill’s admission that he committed the new offenses. McMahill argues that conditions for which no facts have been adduced at the revocation hearing must be deleted from the order. Slater v. State, 541 So. 2d 178 (Fla. 5th DCA 1989); Jackson v. State, 449 So. 2d 309 (Fla. 5th DCA 1984). He suggests that only condition 4, the commission of new offenses, was evidenced at the hearing. The state agrees that the written order should be corrected to reflect the ev…
Authorities Cited
- Towson v. State, 382 So. 2d 870 (Fla. 5th DCA 1980)
- Jackson v. State, 449 So. 2d 309 (Fla. 5th DCA 1984)