JEFFREY RODRIGUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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FARMER, J.
The trial court’s written order of revocation finds that Appellant violated various conditions of probation, including failure to file monthly reports, failure to 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 the trial court, on remand, to include case number, 98-2165, to which Appellant pled, on the final judgment and sentence.
We do not reach the merits of Appellant’s sentencing challenge as both sides agree that the issue is moot.
KLEIN and TAYLOR, JJ. concur.
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Cited By (13 total)
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Desmond Swilley v. State, 845 So. 2d 930 (Fla. 5th DCA 2003)…ing police officers with violence4 based upon evidence [*933] indicating that he placed his car in reverse and then drove it towards one officer and then into a vehicle occupied by another officer in an attempt to avoid arrest. In Madison v. State, 777 So. 2d 1175 (Fla. 5th DCA 2001), our court explained that a defendant can be convicted of both resisting arrest with violence and resisting arrest without violence for conduct committed during the course of one continuous criminal episode only if those convicti…
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Williams v. State, 959 So. 2d 790 (Fla. 2d DCA 2007)…st without violence are prohibited when the acts of resisting occurred as part of a single criminal episode. See, e.g., Wallace v. State, 724 So. 2d 1176, 1181 (Fla.1998); Johnson v. State, 747 So. 2d 1027, 1027 (Fla. 2d DCA 1999); Madison v. State, 777 So. 2d 1175, 1175 (Fla. 5th DCA 2001). This is so because the elements of the lesser offense of resisting without violence are subsumed within the greater offense of resisting with violence. Swilley v. State, 845 So. 2d 930, 933 (Fla. 5th DCA 2003); see also §…
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R.J.R. v. State, 88 So. 3d 264 (Fla. 1st DCA 2012)…Goodman v. State, 801 So. 2d 1012, 1014 (Fla. 4th DCA 2001) (holding that a defendant could not be convicted of both resisting arrest with violence and resisting arrest without violence arising out of a continuous single episode); Madison v. State, 777 So. 2d 1175, 1176 (Fla. 5th DCA 2001) (“[A] continuous resistance to the ongoing attempt to effect a defendant’s arrest constitutes a single instance of resisting an officer.... ”). Here, the State failed to establish that the acts occurred in different locati…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wilberto Q. Galletti v. State, 646 So. 2d 829 (Fla. 4th DCA 1994)
- Robinson v. State, 763 So. 2d 1058 (Fla. 4th DCA 1999)