CARLOS ALBERT AMADOR, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that while the evidence was sufficient to revoke probation, the written sentences failed to credit the defendant for all time served, requiring remand for correction.
The defendant's probation was revoked based on testimony from the victim and arresting officer. Upon revocation, the written sentences did not reflect…
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PER CURIAM.
In these consolidated appeals1 from a revocation of probation and the sentences thereafter entered, defendant argues that insufficient evidence was presented to revoke probation, and that upon revocation, he was not properly credited for time served. We agree with this latter point, vacate the sentences ordered and remand for correction.
Proof sufficient to allow a criminal conviction is not required to support a trial judge’s discretionary order revoking probation; the state need only show by a preponderance of the evidence that the defendant committed the offense charged. See Griffin v. State, 603 So. 2d 48 (Fla. 1st DCA 1992); see also Bernhardt v. State, 288 So. 2d 490, 495 (Fla.1974). Here, both the victim and the arresting officer testified. Both witnesses substantiated the state’s contention that defendant had been involved in a criminal act that led to his arrest.2
A defendant’s sentence must conform to the oral pronouncement of the sentencing judge as reflected in the transcript. See Stevens v. State, 651 So. 2d 831 (Fla. 1st DCA 1995); Timmons v. State, 453 So. 2d 143 (Fla. 1st DCA 1984). Reviewing the record, we agree with defendant’s contention that the written sentencing orders on the instant probation violation failed to reflect that the trial court awarded the defendant prison credit for all time served on the counts prior to resentencing.
Accordingly, we affirm the order of probation violation, we vacate the sentences ordered thereon and remand for the lower court to award full credit for time served,
. This court consolidated case 97-3452, filed by the public defender, with defendant’s duplicative pro se appeal, case 97-1336.
. Defendant subsequently plead guilty to the charges which formed the basis for the determination of probation violation.
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Robinson v. State, 907 So. 2d 1284 (Fla. 2d DCA 2005)…The proper standard for finding a new law violation is whether a preponderance of the evidence establishes that the probationer committed the charged offense or offenses. See Reyes v. State, 711 So. 2d 1378, 1378 (Fla. 2d DCA 1998); Amador v. State, 713 So. 2d 1121, 1122 (Fla. 3d DCA 1998). “Proof sufficient to support a criminal conviction is not required to support a judge’s discretionary order revoking” probation. Robinson v. State, 609 So. 2d 89, 90 (Fla. 1st DCA 1992). Here, the trial court used an incorr…
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Blackshear v. State, 771 So. 2d 1199 (Fla. 4th DCA 2000)…he evidence that, under the totality of the circumstances, the probationer deliberately, wilfully, and substantially violated a condition of his or her probation. See Jones v. State, 730 So. 2d 349, 351 (Fla. 4th DCA 1999); see also Amador v. State, 713 So. 2d 1121, 1122 (Fla. 3d DCA 1998)(proof sufficient to support a criminal conviction is not required to revoke probation). Appellant claims that the evidence was insufficient to prove his constructive possession of the weapon. We disagree. [*1201] Appellant r…
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Johnson v. State, 726 So. 2d 359 (Fla. 1st DCA 1999)…A defendant s sentence must conform to the oral pronouncement of the sentencing judge as reflected in the transcript. See Stevens v. State, 651 So. 2d 831 (Fla. 1st DCA 1995); Timmons v. State, 453 So. 2d 143 (Fla. 1st DCA 1984).” Amador v. State, 713 So. 2d 1121, 1122 (Fla. 3rd DCA 1998).…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gideon Bernhardt v. State, 288 So. 2d 490 (Fla. 1974)
- Timmons v. State, 453 So. 2d 143 (Fla. 1st DCA 1984)
- Griffin v. State, 603 So. 2d 48 (Fla. 1st DCA 1992)
- Stevens v. State, 651 So. 2d 831 (Fla. 1st DCA 1995)