THOMAS DUNKIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
THOMAS DUNKIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
706 So. 2d 942
Florida District Court of Appeal, Second District (1998)
Positive Treatment
Cited by 5 cases
Opinion of the Court
FRANK, Judge.
Thomas Dunkin has challenged the trial court’s revocation of his probation on several grounds. We have reviewed the tortured procedural history of these revocation proceedings and have concluded that the trial court properly revoked Dunkin’s probation for violation of conditions 1, 2 and 3. The written order, however, does not conform to the oral pronouncement. We remand this case for correction of the written order. See Narvaez v. State, 674 So. 2d 868 (Fla. 2d DCA 1996). Mr. Dunkin need not be present. See Boggs v. State, 557 So. 2d 203 (Fla. 2d DCA 1990).
PARKER, C.J., and THREADGILL, J., ' concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Stephens v. State, 747 So. 2d 1026 (Fla. 3d DCA 1999)…rt adjudicated the defendant for armed burglary when in fact the defendant was neither adjudicated nor sentenced on this count. Thus, although defendant need not be present, remand is appropriate for correction of this judgment. See Dunkin v. State, 706 So. 2d 942 (Fla. 2d DCA 1998). In ground six of his motion, the defendant alleged that there was no factual basis to find that he committed the crime of kidnapping in count twelve. The state concedes that they advised the trial court that defendant was not c…
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Dailey v. State, 791 So. 2d 586 (Fla. 3d DCA 2001)…ce for each offense.” Rogers v. State, 730 So. 2d 716, 717 (Fla. 4th DCA 1999). Finally, the written sentencing order must conform with the trial court’s oral pronouncement. See Stephens v. State, 747 So. 2d 1026 (Fla. 3d DCA 1999); Dunkin v. State, 706 So. 2d 942 (Fla. 2d DCA 1998). [*589] Because the trial court’s oral pronouncement of sentence fails to specifically identify the different counts and the sentence for each, we vacate the sentence imposed and remand for a new sentencing hearing. See Bishop v.…
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Stephens v. State, 756 So. 2d 200 (Fla. 2d DCA 2000)…ens was found in violation of condition fourteen. Because the written order does not conform to the court’s oral pronouncement, we remand and direct that the violation of condition fourteen be stricken from the revocation order. See Dunkin v. State, 706 So. 2d 942 (Fla. 2d DCA 1998). Stephens need not be present for this disposition. See Dunlap v. State, 405 So. 2d 796 (Fla. 2d DCA 1981). [*201] Affirmed in part, reversed in part, and remanded with directions. THREADGILL, A.C.J., and GREEN, J., Concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Narvaez v. State, 674 So. 2d 868 (Fla. 2d DCA 1996)
- Lavaughn Boggs v. State, 557 So. 2d 203 (Fla. 2d DCA 1990)
- Johnson v. State, 557 So. 2d 203 (Fla. 5th DCA 1990)