WILLIE GANT
v.
STATE OF FLORIDA
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VILLANTI, Judge. Willie Gant appeals from an order revoking his probation and the resulting sentence. We affirm the revocation of Gant's probation and the sentence imposed. However, the revocation order
states that Gant admitted to violating condition 5 of his probation, whereas the record reflects that the trial court found Gant to have willfully and substantially violated six conditions of his probation following a contested evidentiary hearing.
Accordingly, we remand for entry of a corrected revocation order deleting the statement that Gant admitted to a violation of his probation and listing each condition the trial court found Gant to have violated. See Nisbett v. State, 326 So. 3d 1212, 1212 (Fla. 2d DCA 2021) (remanding for correction of an order of revocation that incorrectly stated that Nisbett admitted to violating condition 5 of his probation); Young v. State, 326 So. 3d 1180, 1181 (Fla. 2d DCA 2021) ("A written order of revocation of probation must conform with the trial court's oral pronouncement."). Gant need not be present when the amended revocation order is rendered. See Hayes v. State, 927 So. 2d 15, 16 (Fla. 2d DCA 2006).
Affirmed; remanded with instructions. KHOUZAM and LABRIT, JJ., Concur. Opinion subject to revision prior to official publication.
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Gant v. State, 326 So. 3d 1212 (Fla. 2d DCA 2022)…ntiary hearing. Accordingly, we remand for entry of a corrected revocation order deleting the statement that Gant admitted to a violation of his probation and listing each condition the trial court found Gant to have violated. See Nisbett v. State, 326 So. 3d 1212, 1212 (Fla. 2d DCA 2021) (remanding for correction of an order of revocation that incorrectly stated that Nisbett admitted to violating condition 5 of his probation); Young v. State, 326 So. 3d 1180, 1181 (Fla. 2d DCA 2021) ("A written order of revo…
Authorities Cited
- Vixamar v. State, 927 So. 2d 15 (Fla. 5th DCA 2006)
- Cook v. State (Fla. 2d DCA 2022)
- Gant v. State, 326 So. 3d 1212 (Fla. 2d DCA 2022)