SHERROND DEANGELO CUE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOANOS, Chief Judge.
This is an appeal from an order revoking probation. Appellant contends the revocation order is deficient, in that it does not set forth the specific conditions of probation which appellant was found to have violated. We affirm the order revoking probation, but remand for amendment of the order to reflect the specific terms and conditions of probation violated.
A trial court’s formal written order finding the probationer in violation of the terms and conditions of probation must conform to the oral pronouncements at the revocation hearing and sentencing. Brundage v. State, 593 So. 2d 1227 (Fla. 1st DCA 1992); Dantler v. State, 584 So. 2d 198 (Fla. 1st DCA 1991). At the hearing in this cause, the trial court found appellant willfully and substantially violated one of the three alleged violations set forth in the affidavit of violation of probation. However, the order revoking probation fails to state the specific grounds for the revocation.
Accordingly, the order revoking appellant’s probation is affirmed, but the cause is remanded with directions to enter a written order conforming to the court’s oral pronouncements at sentencing.
ERVIN and ALLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (11 total)
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Ulysses Gregg v. State, 643 So. 2d 106 (Fla. 1st DCA 1994)…ssue II, we affirm the order revoking community control, but remand the cause with directions to the trial court to enter a written order stating appellant’s violations, in conformance with the court’s oral pronouncement at sentencing. Cue v. State, 619 So. 2d 471 (Fla. 1st DCA 1993). BARFIELD and WEBSTER, JJ., concur.…
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Cone v. State, 677 So. 2d 96 (Fla. 1st DCA 1996)…PER CURIAM. The revocation of appellant’s community control is affirmed, but the cause is remanded with directions to enter a written order conforming to the court’s oral pronouncements at sentencing. Cue v. State, 619 So. 2d 471 (Fla. 1st DCA 1993). ALLEN, MICKLE and LAWRENCE, JJ., concur.…
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Berke v. State, 704 So. 2d 567 (Fla. 1st DCA 1997)…entry of a written probation revocation order conforming to the oral findings made by the trial court at the close of the hearing. Gregg v. State, 643 So. 2d 106 (Fla. 1st DCA 1994); Jones v. State, 638 So. 2d 126 (Fla. 1st DCA 1994); Cue v. State, 619 So. 2d 471 (Fla. 1st DCA 1993). The defendant need not be present when this correction is made. Boynton v. State, 622 So. 2d 87 (Fla. 1st DCA 1993). ALLEN, WEBSTER and PADOVANO, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dantler v. State, 584 So. 2d 198 (Fla. 1st DCA 1991)
- Brundage v. State, 593 So. 2d 1227 (Fla. 1st DCA 1992)