JOSEPH MANUEL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that while the probation revocation order is affirmed, it must be modified to conform to the trial court's oral findings.
The trial court's written order revoking probation included findings of violation for drug possession, which the court had not made in its oral pronou…
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PER CURIAM.
Appellant, Joseph Manuel, appeals from an order revoking his probation, arguing solely that the trial court’s written order revoking his probation, did not track the trial court’s oral findings at the revocation hearing. We affirm and remand for modification.
At the probation revocation hearing, the trial court orally found the appellant in violation of probation as to every allegation contained in the affidavit of violation of probation, except allegations concerning possession of marijuana and cocaine. In the trial court’s subsequent written order, the court found that the appellant had violated all the allegations contained in the affidavit of violation of probation, including those allegations concerning possession of marijuana and cocaine.
Based 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.
Cases With Similar Vibessemantic neighbors from the corpus
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Corona v. State, 642 So. 2d 667 (Fla. 3d DCA 1994)…ee 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); Archie, 558 So. 2d at 183; Roberts v. State, 512 So. 2d 286 (Fla. 3d DCA 1987).…
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Allen v. State, 780 So. 2d 346 (Fla. 3d DCA 2001)…dings at the revocation hearing. See McCloud v. State, 653 So. 2d 453 (Fla. 3d DCA 1995) (holding that trial court is required to provide written statement of reasons for revocation, and evidence relied upon in making that finding); Manuel v. State, 564 So. 2d 291 (Fla. 3d DCA 1990) (holding that written order of revocation of probation must conform to oral findings of trial court). Remanded with directions.…
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Craig v. State, 921 So. 2d 37 (Fla. 3d DCA 2006)…n order of revocation in accordance with its oral pronouncements. See Manito v. State, 791 So. 2d 1255 (Fla. 3d DCA 2001); Allen v. State, 780 So. 2d 346 (Fla. [*38] 3d DCA 2001); McCloud v. State, 653 So. 2d 453 (Fla. 3d DCA 1995); Manuel v. State, 564 So. 2d 291 (Fla. 3d DCA 1990). For this task, appellant’s presence is not required. Affirmed, but remanded in part with directions. . Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Roberts v. State, 512 So. 2d 286 (Fla. 3d DCA 1987)
- Diaz v. State, 445 So. 2d 619 (Fla. 3d DCA 1984)