JOSE RAOUL SALVATIERRA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
A written order of probation revocation must conform to the court’s oral pronouncement at a defendant’s probation revocation hearing. Narvaez v. State, 674 So. 2d 868(Fla. 2d DCA 1996); Snell v. State, 658 So. 2d 1165(Fla. 2d DCA 1995).
Defendant here complains that the inclusion of the offense of possession of cocaine in his written order of probation violation was not supported by the evidence produced at his probation revocation hearing. Upon the state’s confession of error, as well as our independent review of the record, we agree. Here, defendant’s changing of his residence without informing his probation officer, his failure to file monthly probation reports, and his failure to make ordered payments for medical treatment received, all constitute sufficient evidence to satisfy the trial court’s conclusion that the defendant violated his probation. See Johnson v. State, 667 So. 2d 475 (Fla. 3d DCA 1996); Corona v. State, 642 So. 2d 667 (Fla. 3d DCA 1994); Ordonez v. State, 408 So. 2d 760 (Fla. 4th DCA), review denied, 419 So. 2d 1200 (Fla.1982).
Consequently, the one violation as to which there was insufficient evidence is stricken. In all other respects, the order is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (18 total)
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Laffitte v. State, 16 So. 3d 315 (Fla. 3d DCA 2009)…ecord, we reverse the trial court’s written order of revocation of probation (“the Order”). “A written order of probation revocation must conform to the court’s oral pronouncement at a defendant’s probation revocation hearing.” Salvatierra v. State, 691 So. 2d 32 (Fla. 3d DCA 1997) (citing Narvaez v. State, 674 So. 2d 868 (Fla. 2d DCA 1996); Snell v. State, 658 So. 2d 1165 (Fla. 2d DCA 1995)). Here, the Order specified that the defendant violated condition “L.7.” of the order of probation which required paym…
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LEE v. State, 826 So. 2d 457 (Fla. 1st DCA 2002)…on of probation should conform to the trial court’s oral pronouncement, and if it includes violations of conditions which were not addressed at the hearing on the violation of probation, those violations should be stricken. See Salvatierra v. State, 691 So. 2d 32 (Fla. 3d DCA 1997); Narvaez v. State, 674 So. 2d 868 (Fla. 2d DCA 1996). We therefore strike the language stating that Appellant violated conditions (5) and (7) of his probation and remand for entry of a corrected order. See Walker v. State, 686 S…
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Hernandez v. State, 254 So. 3d 1091 (Fla. 3d DCA 2018)…revocation hearing. “A written order of probation revocation must conform to the court's oral pronouncement at a defendant's probation revocation hearing.” Laffitte v. State, 16 So. 3d 315, 316 (Fla. 3d DCA 2009) (quoting Salvatierra v. State, 691 So. 2d 32 (Fla. 3d DCA 1997)). In addition to the four violations the trial court orally pronounced had been proven by the State, the written revocation order also reflects that Hernandez committed the three probation violations that the trial court speci…
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- Narvaez v. State, 674 So. 2d 868 (Fla. 2d DCA 1996)
- Corona v. State, 642 So. 2d 667 (Fla. 3d DCA 1994)
- Snell v. State, 658 So. 2d 1165 (Fla. 2d DCA 1995)
- Chanarrow Johnson v. State, 667 So. 2d 475 (Fla. 3d DCA 1996)
- Ordonez v. State, 408 So. 2d 760 (Fla. 4th DCA 1982)