WILLIE RANDALL CUSHION, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In case number 93-892, we affirm three of the four counts of capital sexual battery against appellant, and reverse on count II. The live trial testimony concerning this count unequivocally contradicted earlier testimony and thus renders the earlier testimony insufficient for consideration by the jury. Tafero v. State, 406 So. 2d 89, 93 n. 8 (Fla. 3d DCA 1981). Thus, the trial court erred in denying the motion for judgment of acquittal on count II.
Further, the written order of revocation of probation must be corrected to properly reflect the trial court’s oral pronouncements. The order correctly cites appellant’s convictions as grounds for revocation. However, appellant’s failure to pay costs of supervision should be stricken from the order as an additional ground for revocation because the trial court orally found that the State had failed to prove this allegation. In case number 93-891, we affirm the convictions and sentences in all respects.
Affirmed in part; reversed and remanded in part.
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Hernandez v. State, 254 So. 3d 1091 (Fla. 3d DCA 2018)…5 (Fla. 3d DCA 2017) (remanding with instructions “for correction of the written order of 3 revocation so that it conforms to the court’s oral pronouncement.”); see also Jones v. State, 686 So. 2d 701 (Fla. 3d DCA 1996) (citing Cushion v. State, 637 So. 2d 2 (Fla. 3d DCA 1994)). As such, we remand for correction of the written order for revocation so that it conforms to the trial court’s oral pronouncement.1 Affirmed in part, reversed in part, and remanded with instructions. 1 Hernandez need not be…
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Jones v. State, 686 So. 2d 701 (Fla. 3d DCA 1996)…ion. The written revocation order, however, finds appellant guilty of the probation violations alleged in those paragraphs. We remand this case so that the order may be corrected to conform to the trial court’s oral pronouncements. Cushion v. State, 637 So. 2d 2 (Fla. 3d DCA 1994). Appellant need not be present for this purpose. Sampson v. State, 375 So. 2d 325 (Fla. 2d DCA 1979). Affirmed and remanded for correction of order of revocation of probation.…
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Jimenez v. State, 698 So. 2d 1376 (Fla. 3d DCA 1997)…grand theft and failure to participate in the TASC program. However, as the state properly concedes, the order is inconsistent with the trial court’s oral pronouncement that the state did not prove defendant’s ability to pay costs. Cushion v. State, 637 So. 2d 2 (Fla. 3d DCA 1994). Accordingly, we remand this cause to the trial court with instructions to strike from the order defendant’s failure to pay costs as an additional ground for revocation. This modification does not require the presence of the defen…
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- Tafero v. State, 406 So. 2d 89 (Fla. 3d DCA 1981)