BARRY WAYNE COCKRELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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COVINGTON, Judge.
The appellant, Barry Wayne Cockrell, challenges an order that revokes the community control he was serving for offenses he committed in 1998 and 1999. We affirm the revocation without discussion. We, however, remand this cause for correction of the written revocation order to conform to the trial court’s oral pronouncement. Specifically, the trial court announced at the close of the revocation hearing that it was revoking Cockrell’s community control only upon a finding that he willfully and substantially violated community control condition ten, which prohibited him from leaving his approved residence without permission. The order inaccurately reflects that Cockrell additionally violated community control condition twenty, which required him to obtain a drug evaluation.
Affirmed, but remanded for corrections.
BLUE, C.J., and DAVIS, J., Concur.
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Aaron v. Thompson, 965 So. 2d 1250 (Fla. 1st DCA 2007)…ation listing only the technical violations, with no reference to the new law offenses. When a conflict exists between an oral revocation pronouncement and the written order revoking probation, the oral pronouncement will control. Cockrell v. State, 823 So. 2d 322, 323 (Fla. 2d DCA 2002); Narvaez v. State, 674 So. 2d 868 (Fla. 2d DCA 1996). Because it is unclear whether the general pronouncement of guilt comported with the written order, we reverse the order of revocation and remand for the entry of an order…
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Keith-Schrader v. State, 891 So. 2d 1217 (Fla. 2d DCA 2005)…. At the outset, we note that the written revocation order recites violations of conditions 1, 3, 5, and 27, but the court orally referred only to conditions 1 and 27. Because the oral pronouncement controls over the written, see Cockrell v. State, 823 So. 2d 322 (Fla. 2d DCA 2002); Narvaez v. State, 674 So. 2d 868 (Fla. 2d DCA 1996), we will consider only the allegations and proof relating to conditions 1 and 27, requiring the filing of monthly reports and the performance of community service hours. At the…
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Hart v. State, 252 So. 3d 1285 (Fla. 5th DCA 2018)
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