FREDDIE ARCHIE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Freddie Archie appealed his adjudication of guilt and sentence following revocation of community control for a robbery charge. The court affirmed the adjudication but remanded for the trial court to correct the written revocation order to conform to the judge's oral pronouncements at sentencing.
A written order of revocation must conform to the trial court's oral pronouncement. Where the written order recites violations not mentioned in the judge's oral pronouncement—specifically restitution and employment violations—the order does not conform and must be corrected on remand.
[1] A written order of revocation must conform to the trial court's oral pronouncement.
[2] An appellate court will affirm an adjudication of guilt but remand for correction of a written order to conform to the trial court's oral pronouncements.
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Join FLexlaw to unlock all legal intelligence“a written order of revocation must conform to the trial court's oral pronouncement”
Establishes the controlling legal standard that written orders must match what the judge said in open court
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Join FLexlaw to unlock all legal intelligenceArchie was charged with robbery and entered a nolo contendere plea with adjudication withheld. He was ordered to community control for two years. The …
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PER CURIAM.
The defendant, Freddie Archie, appeals from an adjudication of guilt and sentence entered following revocation of his community control. We affirm defendant’s adjudication of guilt, but remand for the trial court to amend the revocation order to conform to its oral pronouncements.
Defendant was charged with robbery and entered a negotiated plea of nolo conten-dere. The court withheld adjudication and ordered that the defendant be placed in community control for a period of two years. The community control officer filed an amended affidavit of violation of community control alleging various substantive and technical violations including failure to report, failure to remain confined to the approved residence, failure to seek employment, and failure to pay costs and restitution.
The trial court revoked the defendant’s community control, finding that he had willfully and substantially violated the conditions set by the court for his community control by not remaining confined to his home at approved times and by failing to report to his community control officer. The trial court specifically stated that it would not consider the restitution or employment issues. However, the written order of revocation of community control recites that the defendant violated his community control by failing to pay costs, failing to pay restitution, failing to secure employment, failing to report, and failing to remain confined to his approved residence. The defendant was then adjudicated guilty of the underlying offense of robbery, and sentenced to five-and-a-half years in prison.
As the state properly concedes, a written order of revocation must conform to the trial court’s oral pronouncement. Earle v. State, 519 So. 2d 757 (Fla. 1st DCA 1988); Sampson v. State, 375 So. 2d 325 (Fla. 2d DCA 1979). The written order in this case addresses the restitution and employment issues and, therefore, does not conform to the trial judge’s oral pronouncement. For these reasons, we remand so that the trial court can correct the order revoking community control to reflect only the trial court’s oral pronouncement.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brown v. State, 659 So. 2d 1260 (Fla. 4th DCA 1995)…oking probation recited six violations; but the court orally found appellant guilty of only three violations. Therefore, after remand, the order should be corrected so that it is not inconsistent with the court’s oral pronouncement. Archie v. State, 558 So. 2d 183 (Fla. 3d DCA 1990). Affirmed in part and reversed in part. DELL, J., concurs. PARIENTE, J., concurs specially with opinion.…
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Corona v. State, 642 So. 2d 667 (Fla. 3d DCA 1994)…t the defendant violated community control by committing an aggravated assault where the trial court’s oral pronouncement was that the defendant had only violated community control by failing to enter the drug treatment program. See Archie v. State, 558 So. 2d 183 (Fla. 3d DCA 1990). Accordingly, this cause should 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);…
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Joseph v. State, 615 So. 2d 833 (Fla. 4th DCA 1993)…ers in the order for probation did not correspond. On remand, except for omitting appellant’s violation for failure to complete community service hours, the written order of revocation must conform to the court s oral pronouncement. Archie v. State, 558 So. 2d 183 (Fla. 3d DCA 1990); Earle v. State, 519 So. 2d 757 (Fla. 1st DCA 1988). Upon revoking community control and probation the court sentenced appellant to concurrent terms in prison for Count I, as well as Count II. The latter was a misdemeanor for wh…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sterling Sampson v. State, 375 So. 2d 325 (Fla. 2d DCA 1979)
- Earle v. State, 519 So. 2d 757 (Fla. 1st DCA 1988)