JOSE ANTONIO SUAREZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2000-07-19
No. 3D99-2542
Before LEVY, SHEVIN, and RAMIREZ, JJ.
761 So. 2d 1266 Florida District Court of Appeal, Third District (2000) Positive Treatment
Cited by 3 cases
Topics
Assault And Battery Violation Of Probation

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Opinion of the Court
PER CURIAM.

PER CURIAM.

As the State notes in its answer brief, the evidence in the record is more than sufficient to satisfy the trial court’s conclusion that the defendant violated his probation by having committed an assault or battery upon the victim. However, as the State candidly acknowledges, the trial court’s written Order of Probation Violation does not conform to the oral pronouncements made by the trial judge at the time that the probation was revoked.

Accordingly, while we affirm the trial court’s revocation of probation, we remand the cause to the trial court with directions to enter an Order of Revocation that both specifies the offense committed by the defendant that constitutes the violation of probation and, furthermore, conforms to the trial court’s oral pronouncements.

Affirmed and remanded with directions.

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Citator

Cited By

  • Sigifredo Benitez v. State, 57 So. 3d 939 (Fla. 3d DCA 2011)
    …fendant’s second claim of error, a point which the State here concedes, that the trial court’s written Order of Probation Violation did not conform to its oral pronouncements. See Wesbert v. State, 782 So. 2d 545 (Fla. 3d DCA 2001); Suarez v. State, 761 So. 2d 1266 (Fla. 3d DCA 2000); Masis v. State, 758 So. 2d 1290 (Fla. 3d DCA 2000); Salvatierra, v. State, 691 So. 2d 32 (Fla. 3d DCA 1997). [*942] Accordingly, the revocation of probation is reversed and the sentence imposed is vacated. . The affidavit allege…
  • Honore Wesbert v. State, 782 So. 2d 545 (Fla. 3d DCA 2001)
    …the probation was revoked. Accordingly, while we affirm the revocation of probation, we remand the cause to the trial court with directions to enter an Order of Revocation that conforms to the' trial judge’s oral pronouncements. See Suarez v. State, 761 So. 2d 1266 (Fla. 3d DCA 2000) Affirmed and remanded with directions.…
  • Davis v. State, 775 So. 2d 1012 (Fla. 3d DCA 2001)
    …PER CURIAM. We affirm the revocation of probation but remand this matter to the trial court for entry of a written order of revocation of probation that conforms to the court’s oral pronouncements. See Suarez v. State, 761 So. 2d 1266 (Fla. 3d DCA 2000); Rogers v. State, 745 So. 2d 586 (Fla. 3d DCA 1999). Affirmed.…

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