STATE OF FLORIDA, APPELLANT,
v.
VINCENTE RODRIGUEZ, APPELLEE
STATE OF FLORIDA, APPELLANT,
VINCENTE RODRIGUEZ, APPELLEE
712 So. 2d 454
Florida District Court of Appeal, Second District (1998)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We treat the State’s appeal as a petition for writ of certiorari. See State v. Isaac, 696 So. 2d 813 (Fla. 2d DCA 1997). Because we conclude that the trial court’s order is not a departure from the essential requirements of law resulting in a miscarriage of justice, we deny the petition.
Petition for writ of certiorari denied.
PARKER, C.J., and BLUE and NORTHCUTT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Vernia Smith v. State, 100 So. 3d 253 (Fla. 3d DCA 2012)…teen. The State concedes that the discrepancy between the written order and the oral pronouncement reflects error. We therefore remand for an entry of a written revocation order correctly reflecting the trial court’s oral ruling. See Stark v. State, 712 So. 2d 454, 455 (Fla. 2d DCA 1998) (finding that the written order of probation should match the trial court’s oral pronouncements); see also Reiter v. State, 674 So. 2d 189, 190-91 (Fla. 2d DCA 1996) (finding that the “written [probation] order must be modifi…
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Shacker v. State, 106 So. 3d 36 (Fla. 3d DCA 2013)…on, however, reflected that Shacker committed all nine alleged violations. As the State concedes, the written order should correctly reflect the oral pronouncement. See Smith v. State, 100 So. 3d 258, 254 (Fla. 3d DCA 2012); see also Stark v. State, 712 So. 2d 454, 455 (Fla. 2d DCA 1998); Reiter v. State, 674 So. 2d 189, 190-91 (Fla. 2d DCA 1996). Affirmed in part, reversed in part, and remanded to the Court below to strike those portions of the order finding that Shacker had committed violations 1, 5, 7 and…
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Villanueva v. State, 118 So. 3d 999 (Fla. 3d DCA 2013)…ding 1 year.”). And the State concedes error on both points. On remand, the trial court is directed to enter a written order that correctly reflects its oral pronouncements. See Smith v. State, 100 So. 3d 253, 254 (Fla. 3d DCA 2012); Stark v. State, 712 So. 2d 454, 455 (Fla. 2d DCA 1998). CONCLUSION Because the condition was reasonably related to Villanueva’s rehabilitation for the crime for which he was convicted when the facts in the record are considered, we hold that the trial judge properly exercised i…
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- State v. Isaac, 696 So. 2d 813 (Fla. 2d DCA 1997)