RICHARD EVETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2007-01-26
No. 2D05-6118
SALCINES and KELLY, JJ„ Concur.
947 So. 2d 662 Florida District Court of Appeal, Second District (2007) Positive Treatment
Cited by 4 cases
Topics
Written Order Oral Pronouncement Vs. Written Order Oral Pronouncement Preservation Of Error

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Opinion of the Court
ALTENBERND, Judge.

ALTENBERND, Judge.

Richard Evett appeals the order revoking his probation and the prison sentences imposed as a result of the revocation. Mr. Evett argues and the State concedes that the written order of revocation fails to accurately recite the trial court’s findings in open court. The written order of revocation lists violations of conditions two, four, and twenty-seven. The trial court orally pronounced a violation only of condition two, and not of conditions four and twenty-seven.

This error, however, was not preserved in the trial court either at the revocation hearing or by subsequent motion filed pursuant to Florida Rule of Criminal Procedure 3.800(b). The supreme court has specifically held that such an error in an order revoking probation is not a funda mental error. See Thomas v. State, 763 So. 2d 316 (Fla.2000). Accordingly, we affirm the order on appeal.

Affirmed.

SALCINES and KELLY, JJ„ Concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Parris v. State, 974 So. 2d 415 (Fla. 5th DCA 2007)
    …2001), in which the error had [*416] been preserved by a rule 3.800(b) motion. Brown, 786 So. 2d at 1258 n. 1. . In addition to Thomas, there are several other cases on all fours but none were cited to us by either party. See, e.g., Evett v. State, 947 So. 2d 662 (Fla. 2d DCA 2007); Ballester v. State, 779 So. 2d 624 (Fla. 2d DCA 2001); Gammon v. State, 778 So. 2d 390 (Fla. 2d DCA 2001). We assume that this was an oversight and admonish counsel for both parties to be more thorough with their research. It is…
  • Hines v. State, 125 So. 3d 999 (Fla. 2d DCA 2013)
    …However, this issue was not preserved for appellate review by an objection in the trial court or by the filing of a motion under Florida Rule of Criminal Procedure 3.800(b). See Ortuno v. State, 32 So. 3d 121, 121 (Fla. 2d DCA 2009); Evett v. State, 947 So. 2d 662, 662-63 (Fla. 2d DCA 2007); Jones v. State, 898 So. 2d 209, 209-10 (Fla. 2d DCA 2005); Jelks v. State, 770 So. 2d 183, 185-86 (Fla. 2d DCA 2000). Affirmed. MORRIS and SLEET, JJ., Concur.…

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