LUTHER D. MADDOX, 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 two of the four 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 (13 total)
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Smith v. State, 892 So. 2d 513 (Fla. 1st DCA 2004)…st 12, 2003, is also in error. After the hearing, the trial court stated that it found appellant “not guilty” of this alleged violation. The trial court’s order revoking community control must conform to its oral pronouncements. See Maddox v. State, 619 So. 2d 473, 473 (Fla. 1st DCA 1993). Accordingly, we reverse [*516] the trial court’s findings that the Appellant violated condition (11) of his community control. IV. Conclusion We reverse the trial court’s revocation of appellant’s probation based upon vio…
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Taramona v. State, 707 So. 2d 1194 (Fla. 3d DCA 1998)…s and the evidence relied upon for the revocation to writing in accordance with the court’s oral pronouncement. See Salvatierra v. State, 691 So. 2d 32, 32 (Fla. 3d DCA 1997); Bryant v. State, 686 So. 2d 784, 784 (Fla. 3d DCA 1997); Maddox v. State, 619 So. 2d 473, 473 (Fla. 1st DCA 1993). As this will be purely a ministerial act, we deem the appellant’s presence to be unnecessary. See Culliver v. State, 693 So. 2d 1152, 1152 (Fla. 1st DCA 1997); Boggs v. State, 557 So. 2d 203 (Fla. 2d DCA 1990); Dunlap v. St…
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Ervin Robinson v. State, 963 So. 2d 339 (Fla. 1st DCA 2007)…nding that appellant violated probation and the judgment and sentence imposed thereafter, but the cause is remanded with directions to enter a corrected order revoking probation which conforms to the court’s oral pronouncements. See Maddox v. State, 619 So. 2d 473, 473 (Fla. 1st DCA 1993) (holding that a trial court’s order revoking supervision must conform to its oral pronouncements). The amended affidavit of violation of probation charged that appellant violated nine conditions of probation. At the violat…
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- Dantler v. State, 584 So. 2d 198 (Fla. 1st DCA 1991)
- Brundage v. State, 593 So. 2d 1227 (Fla. 1st DCA 1992)