TRAVIS TURNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the conviction and revocation of probation but remanded for correction of the written order to match the oral pronouncement.
The defendant was convicted of robbery and aggravated battery, leading to the revocation of his probation. The written order detailing the probation v…
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STRINGER, Judge.
' Travis Turner seeks review of the final judgment and sentence adjudicating Turner guilty of two counts of robbery and two counts of aggravated battery with great bodily harm to victims over sixty-five and the subsequent revocation of Turner’s probation. Because the verdict and judgment are supported by substantial competent evidence, we affirm without comment the conviction and the revocation of probation based on the conviction. However, because the written order of revocation of probation does not conform to the trial court’s oral pronouncement, we remand with directions that the revocation order be corrected to conform to the oral pronouncement.
Following sentencing, the trial court announced that it was revoking Turner’s probation for four violations of condition 5 based on Turner’s new conviction in this case. However, the written order of revocation of probation states that probation was revoked for one violation of condition 1, two violations of condition 3, three violations of condition 8, one violation each of conditions 15 and 17, and eight violations of condition 5.
A written order of revocation of probation must conform with the trial court’s oral pronouncement. Williams v. State, 764 So. 2d 757 (Fla. 2d DCA 2000). Accordingly, we remand with directions that the order of revocation be corrected to conform to the trial court’s oral pronouncement.
COVINGTON and VILLANTI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Dundas v. State, 891 So. 2d 1178 (Fla. 2d DCA 2005)…t did not make a finding regarding that violation at the hearing. Because the court based the violation of community control solely on condition 8, the revocation order should be corrected to comport with its oral pronouncement. See Turner v. State, 873 So. 2d 480, 481 (Fla. 2d DCA 2004); Gordon v. State, 827 So. 2d 346, 347 (Fla. 2d DCA 2002); Revear v. State, 497 So. 2d 1337, 1337 (Fla. 2d DCA 1986); Sampson v. State, 375 So. 2d 325, 325 (Fla. 2d DCA 1979). Affirmed in part, reversed in part, and remanded…
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Campbell v. State, 972 So. 2d 263 (Fla. 5th DCA 2008)…ing the conviction and sentence but remanding for entry of a corrected revocation order; noting that defendant need not be present on remand when the amended revocation order is entered), review dismissed, 936 So. 2d 565 (Fla.2006); Turner v. State, 873 So. 2d 480, 480-81 (Fla. 2d DCA 2004) (remanding to conform the order to the oral pronouncement). [*264] We affirm the conviction and sentence but remand for entry of a corrected revocation order. AFFIRMED and REMANDED. PALMER, C.J. and THOMPSON, J., concu…
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West v. State, 1 So. 3d 1290 (Fla. 2d DCA 2009)…ten revocation order states that probation was revoked for four violations of condition 5 and a separate violation of condition 4. “A written order of revocation of probation must conform [to] the trial court’s oral pronouncement.” Turner v. State, 873 So. 2d 480, 481 (Fla. 2d DCA 2004) (citing Williams v. State, 764 So. 2d 757 (Fla. 2d DCA 2000)). Accordingly, we remand this case with directions to the trial court to correct the written revocation order to conform to the oral pronouncement. Affirmed; reman…
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- Williams v. State, 764 So. 2d 757 (Fla. 2d DCA 2000)