LAVAUGHN BOGGS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SCHEB, Acting Chief Judge.
The defendant, Lavaughn Boggs, appeals the order revoking his probation. The state sought to revoke probation on several grounds. Although the trial court made oral findings that the defendant had violated probation by possessing a firearm while a felon and by failing to report to his probation officer, the court’s written order did not recite which conditions were violated. The defendant does not 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 present for this purpose. See Dunlap v. State, 405 So. 2d 796 (Fla. 2d DCA 1981).
LEHAN and THREADGILL, JJ., concur.
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State v. Johnson, 585 So. 2d 272 (Fla. 1991)…PER CURIAM. This is a petition to review Johnson v. State, 557 So. 2d 203 (Fla. 5th DCA 1990), which certified the following question as being one of great public importance: WHETHER LAMBERT V. STATE, 545 S0.2D 838 (FLA.1989) OVERRULED STATE V. PENTAUDE, 500 S0.2D 526 (FLA.1987) OR MERELY RECEDED TO THE EXTENT THAT NEW C…
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Weeks v. Florida Birth-Related Neurological, 977 So. 2d 616 (Fla. 5th DCA 2008)…time prior to delivery, when practicable.” Id. at 310 (emphasis added). See Cirelli v. Ent, 885 So. 2d 423, 427 (Fla. 5th DCA 2004) (characterizing as dicta statement addressing issue not within scope of certified question); accord Johnson v. State, 557 So. 2d 203, 206 (Fla. 5th DCA 1990) (Harris, J., concurring specially). At the time Braniff -was decided, the word “practicable,” or its equivalent, did not appear in the statute, nor did the statute contain any exceptions from its mandatory directive. Subsequ…
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McKINNEY v. State, 624 So. 2d 373 (Fla. 1st DCA 1993)…t’s determination in this regard. However, remand is required for entry of an order specifying the community control conditions which appellant was determined to have violated. See Hogwood v. State, 615 So. 2d 780 (Fla. 1st DCA1993); Boggs v. State, 557 So. 2d 203 (Fla. 5th DCA1990). Accordingly, this cause is remanded for entry of an order specifying the conditions of community control violated. The trial court’s disposition is affirmed in all other respects. SMITH and KAHN, JJ., concur.…
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- Dunlap v. State, 405 So. 2d 796 (Fla. 2d DCA 1981)
- Wimes v. ST. Lucie Cnty., 405 So. 2d 796 (Fla. 4th DCA 1981)
- Brookshire v. State, 473 So. 2d 14 (Fla. 2d DCA 1985)