MARVIN BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MARVIN BROWN, APPELLANT,
STATE OF FLORIDA, APPELLEE
847 So. 2d 1020
Florida District Court of Appeal, Fifth District (2003)
Negative Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Marvin Brown appeals a written order revoking his community control. Although the trial court determined and pronounced orally that Brown violated only condition 17(c) of the terms of his community control, the written order listed violations of other conditions that the trial court determined had not been violated.
The trial court correctly revoked community control and imposed a sentence, but Brown is entitled to a correct revocation order that conforms to the oral pronouncements. Accordingly, we affirm the revocation and sentence, but vacate the written order indicating multiple violations and remand for the entry of a correct order. AFFIRMED, in part; REVERSED in part.
SHARP, W., PETERSON and ORFINGER, JJ., concur.
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Jones v. Fla. Ins. Guar. Ass'n, Inc., 908 So. 2d 435 (Fla. 2005)…ts and hearing oral argument, we conclude that the ... decision before us does not expressly and directly conflict with [another district court decision].”). The majority concludes that the decision below, Florida Insurance Guaranty Ass’n v. Jones, 847 So. 2d 1020 (Fla. 1st DCA 2003), expressly and directly conflicts with Florida Insurance Guaranty Ass’n v. Giordano, 485 So. 2d 453 (Fla. 3d DCA 1986), on the same question of law. Majority op. at 438. That question, according to the majority, is whether the Fl…1 / 2
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Kadyebo v. State, 15 So. 3d 928 (Fla. 5th DCA 2009)…to a correct written revocation order that conforms to the oral pronouncements finding him in willful violation of probation. See Young v. State, 4 So. 3d 1265 (Fla. 5th DCA 2009); Patt v. State, 876 So. 2d 1278 (Fla. 5th DCA 2004); Brown v. State, 847 So. 2d 1020 (Fla. 5th DCA 2003). Accordingly, we affirm the revocation of probation and the sentence announced, but remand this [*929] matter to the trial court for entry of a proper violation order. AFFIRMED and REMANDED. GRIFFIN and TORPY, JJ., concur.…