YADIRA JIMENEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
YADIRA JIMENEZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
698 So. 2d 1376
Florida District Court of Appeal, Third District (1997)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the order revoking defendant’s probation based on commission of 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 defendant.
Affirmed in part, reversed in part, and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Antuan Lawrence Sconiers v. State, 734 So. 2d 427 (Fla. 3d DCA 1999)…the written order of revocation, the trial court found Sconiers in violation of the terms of his community control by way of all three charges. A written revocation order must conform to the trial judge’s oral pronouncements. See Jimenez v. State, 698 So. 2d 1376 (Fla. 3d DCA 1997). Therefore, we remand with directions to the trial court to enter a proper written order that conforms to its oral pronouncements. We [*428] affirm the revocation, however, because in its'written order, the trial court listed othe…
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Robinson v. State, 763 So. 2d 1058 (Fla. 4th DCA 1999)…pay costs of supervision and failure to pay court costs, both of which were not found to have been violations in the court’s oral pronouncement. A written revocation order must conform to the trial court’s oral pronouncement. See Jimenez v. State, 698 So. 2d 1376 (Fla. 3d DCA 1997); see also Sconiers v. State, 734 So. 2d 427 (Fla. 3d DCA 1999). We, therefore, remand to the trial court with directions to enter a proper written order which conforms with the court’s oral pronouncement. Because the trial court’…
Authorities Cited
- Cushion v. State, 637 So. 2d 2 (Fla. 3d DCA 1994)