JAMES SELLERS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
James Sellers appeals the revocation of his probation. We affirm the order revoking Seller’s probation. See Thomas v. State, 711 So. 2d 96, 97 (Fla. 4th DCA 1998)(probation can be revoked on the basis of hearsay inadmissible at a criminal trial in combination with evidence admissible as an exception to the hearsay rule).
However, as the State properly concedes, the revocation order should not have included violations for failure to pay the costs of supervision and for committing an armed burglary. These violations do not conform with the court’s oral pronouncements and must therefore, be stricken. See Jefferson v. State, 732 So. 2d 408 (Fla. 3d DCA 1999)(“The order revoking probation shall be amended by deleting those grounds which were not orally pronounced by the trial court.”).
The defendant need not be present at this modification. See Sampson v. State, 375 So. 2d 325 (Fla. 2d DCA 1979).
Affirmed and remanded for correction of order of revocation of probation.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hernandez v. State, 254 So. 3d 1091 (Fla. 3d DCA 2018)…rrection of the written order for revocation so that it conforms to the trial court’s oral pronouncement.1 Affirmed in part, reversed in part, and remanded with instructions. 1 Hernandez need not be present for this purpose. See Sellers v. State, 793 So. 2d 1148 (Fla. 3d DCA 2001) (citing Sampson v. State, 375 So. 2d 325 (Fla. 2d DCA 1979)). 4…
-
Singleton v. State, 820 So. 2d 404 (Fla. 3d DCA 2002)…n by failing to pay the cost of supervision. Next, as the State properly concedes, the written order revoking probation must conform to the trial court’s oral pronouncements. See Leiva v. State, 814 So. 2d 539 (Fla. 3d DCA 2002); Sellers v. State, 793 So. 2d 1148 (Fla. 3d DCA 2001); Jefferson v. State, 732 So. 2d 408 (Fla. 3d DCA 1999). Therefore, this cause is remanded for entry of a corrected order striking the trial court’s findings that the defendant violated probation by failing to pay court costs' and…
-
Dillard v. State, 855 So. 2d 1152 (Fla. 3d DCA 2003)…on but remand for correction of the written order. As the State properly concedes, the written order revoking probation must conform to the trial court’s oral pronouncements. See Leiva v. State, 814 So. 2d 539 (Fla. 3d DCA 2002); Sellers v. State, 793 So. 2d 1148 (Fla. 3d DCA 2001). Therefore, this cause is remanded for entry of a corrected order striking the trial court’s finding that the defendant violated his probation by failing four drug tests. Affirmed as corrected.…
Authorities Cited
- Sterling Sampson v. State, 375 So. 2d 325 (Fla. 2d DCA 1979)
- Thomas v. State, 711 So. 2d 96 (Fla. 4th DCA 1998)
- Winn-Dixie Stores, Inc. v. COX, 732 So. 2d 408 (Fla. 3d DCA 1999)
- Rooney v. Lawrence E. Hannon, M.D., P.A., 732 So. 2d 408 (Fla. 4th DCA 1999)