DANNY ROBINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Danny Robinson appealed the revocation of his probation in two cases and his resulting prison sentences. The Fourth District Court of Appeal affirmed the revocation but vacated the sentences and remanded because the written revocation order contained violations not found by the trial court in its oral pronouncement.
A written revocation order must conform to the trial court's oral pronouncement. Although the revocation itself is affirmed because other valid grounds for revocation exist and are supported by the record, the sentence is vacated and the case is remanded for resentencing because it is unclear whether the trial court would have imposed the same sentence if the invalid grounds had not been included.
[1] A written order revoking probation must conform to the trial court's oral pronouncement.
[2] A revocation of probation may be affirmed if the written order contains valid grounds for revocation supported by the record, even if other invalid grounds are also liste…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A written revocation order must conform to the trial court's oral pronouncement.”
Establishes the primary legal principle that the written order cannot include findings not made during the oral pronouncement.
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Join FLexlaw to unlock all legal intelligenceRobinson was on probation in two cases when affidavits alleging violations were filed, including failure to pay costs of supervision, possession of co…
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SHAHOOD, J.
This is an appeal by Danny Robinson from orders of revocation of probation and corresponding sentences in two cases. We affirm the revocation, vacate the sentence, and remand for the entry of a corrected order of revocation and for resentencing.
Appellant was on probation in two cases (Nos. 96-26 and 96-2504) when affidavits of violation of probation were filed in both cases alleging several violations, including failure to pay costs of supervision, possession of cocaine, and failure to observe curfew on several occasions.
A combined hearing was held for both cases, at which time the court heard testimony relative to the charges and proceeded to revoke appellant’s probation and sentence him to a term in Florida State Prison.
Following the hearing, the court stated,
What we have is Mr. Robinson has admitted he used cocaine, ... and we have an allegation of curfew violation.
That’s essentially what we have. Mr. Robinson has some other allegations about failing to pay funds, we haven’t gotten into that to any extent.
The court thereafter entered two written orders of revocation of probation finding the appellant had violated various conditions of probation, including failure to 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’s written order contains other valid grounds for revocation, which are supported by the record, we affirm the revocation. However, because it is not clear whether the trial court would have imposed the same sentence after revocation if the invalid grounds had not been listed, we vacate the sentence and remand to the trial court with directions to resentence appellant based on a corrected order of revocation of probation. Sconiers. Affirmed in part; Remanded with directions.
STONE, C.J., and STEVENSON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rodriguez v. State, 777 So. 2d 1175 (Fla. 4th DCA 2001)…pay costs of supervision, and failure to pay court costs, all 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 Robinson v. State, 763 So. 2d 1058, 1059 (Fla. 4th DCA 1999); Galletti v. State, 646 So. 2d 829, 830 (Fla. 4th DCA 1994). We, therefore, remand with directions for the trial court to enter a written order which conforms with the court’s oral pronouncement." We additionally instruct t…
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Campbell v. State, 874 So. 2d 693 (Fla. 4th DCA 2004)…must be remanded for such correction. See Rodriguez v. State, 777 So. 2d 1175, 1175 (Fla. 4th DCA 2001)(case remanded for the trial court to enter a written order of revocation in conformance with the court’s oral pronouncement); Robinson v. State, 763 So. 2d 1058, 1059 (Fla. 4th DCA 1999)(“A written revocation order must conform to the trial court’s oral pronouncement.”). AFFIRMED AND REMANDED for entry of a corrected order of revocation. GUNTHER, STEVENSON and TAYLOR, JJ., concur.…
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T.M.F. v. State (Fla. 5th DCA 2018)…as well as the special condition imposing a curfew. See Rodriguez v. State, 777 So. 2d 1175, 1175 (Fla. 4th DCA 2001) (holding the written probation revocation order "must conform to the trial court’s oral pronouncement" (citing Robinson v. State, 763 So. 2d 1058, 1059 (Fla. 4th DCA 1999))); see also Manis v. State, 30 So. 3d 586, 587 (Fla. 5th DCA 2010) (finding that the trial court in a VOP case "must specify in the written order or judgment what conditions the defendant violated" (quoting Mormon v. State,…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Antuan Lawrence Sconiers v. State, 734 So. 2d 427 (Fla. 3d DCA 1999)
- Jimenez v. State, 698 So. 2d 1376 (Fla. 3d DCA 1997)
- MacHado v. State, 698 So. 2d 1376 (Fla. 3d DCA 1997)