WALLACE C. JONES, JR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Having reviewed appellant’s memorandum in support of his appeal, we affirm the order revoking appellant’s probation and the sentence entered thereon. We remand, however, for correction of the revocation order in accordance with this opinion.
The trial court’s written order revoking appellant’s probation does not conform to the court’s oral pronouncements. At the revocation hearing the court orally dismissed the allegations of paragraphs two, four, and five of the affidavit of probation violation. 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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State v. Matthews, 891 So. 2d 479 (Fla. 2004)…LEWIS, J. We have for review the decision in Matthews v. State, 854 So. 2d 238 (Fla. 4th DCA 2003), which certified conflict with the decision in Duncan v. State, 686 So. 2d 701 (Fla. 2d DCA 1996). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. [*481] FACTS AND PROCEDURAL HISTORY On June 14, 1990, Gary Matthews, the respondent, was charged in case number 90-1156 with battery on a law enforcement officer, escape,…1 / 5
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Swyck v. State, 693 So. 2d 618 (Fla. 2d DCA 1997)…p eliminated did not inhere in his circumstances. As the prison sentence in the second case was not factored into any guideline calculation initially, Tripp does not apply. Slater v. State, 639 So. 2d 80 (Fla. 2d DCA 1994). See also Duncan v. State, 686 So. 2d 701 (Fla. 2d DCA 1996). Swyck’s second complaint is that he was not properly credited with twelve days spent in the county jail between his arrest for violation of probation and the sentence which followed. This court has consistently afforded relief t…
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Hernandez v. State, 254 So. 3d 1091 (Fla. 3d DCA 2018)…ement. We agree. See Gonzalez v. State, 217 So. 3d 235, 235 (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,…
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- Sterling Sampson v. State, 375 So. 2d 325 (Fla. 2d DCA 1979)
- Cushion v. State, 637 So. 2d 2 (Fla. 3d DCA 1994)