ERIC CORNELIUS KNIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Both Knight and the State agree that the two written orders of revocation appear to contain a scriveners’ error. Specifically, the trial court verbally pronounced that Knight had violated Conditions (1) and (8) of his probation, but had not violated Condition (3). However, the written orders of revocation provide that Knight had violated Conditions (1), (3) and (8). It is well-established that, where a written order does not conform to the trial court’s oral pronouncement, the oral pronouncement controls. Brown v. State, 786 So. 2d 1257 (Fla. 5th DCA 2001).
We remand this cause solely for the purpose of enabling the trial court to enter written orders of revocation, nunc pro tunc, in accordance with its oral pronouncement. Knight does not need to be present. Mosco v. State, 640 So. 2d 1219 (Fla. 5th DCA 1994).
REMANDED for Correction of Scriveners’ Errors.
ORFINGER, MONACO and EYANDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Parris v. State, 974 So. 2d 415 (Fla. 5th DCA 2007)…was not an impediment in either case. REHEARING DENIED. LAWSON and EVANDER, JJ., concur. . Appellant also sought rehearing en banc, which has been denied by separate order. . Bitzer v. State, 958 So. 2d 1029 (Fla. 5th DCA 2007); Knight v. State, 954 So. 2d 1266 (Fla. 5th DCA 2007). Knight relied upon our decision in Brown v. State, 786 So. 2d 1257 (Fla. 5th DCA 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…
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Bitzer v. State, 958 So. 2d 1029 (Fla. 5th DCA 2007)…obation but the written order of revocation recites violations of conditions (3), (9) and (45). It is well settled that where a written order does not conform to the trial court’s oral pronouncement, the oral pronouncement controls. Knight v. State, 954 So. 2d 1266 (Fla. 5th DCA 2007); McNeil v. State, 908 So. 2d 556 (Fla. 2d DCA 2005). The cause is remanded solely for the purpose of enabling the trial court to enter a written order of revocation of probation, nunc pro tunc, in accordance with its oral prono…
Authorities Cited
- Brown v. State, 786 So. 2d 1257 (Fla. 5th DCA 2001)
- Mosco v. State, 640 So. 2d 1219 (Fla. 5th DCA 1994)
- Zitzman v. State, 640 So. 2d 1219 (Fla. 5th DCA 1994)