JERRY L. WEST, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A written order revoking probation must conform to the trial court's oral pronouncement.
The trial court orally revoked probation for two violations but the written order stated four violations and a separate violation. The defendant sough…
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Jerry L. West seeks review of the final judgment and sentence adjudicating him guilty of unauthorized use or possession of a driver’s license as well as the revocation of his probation. We affirm without comment the conviction and the revocation of probation based on the conviction. However, because the written order of revocation does not conform to the trial court’s oral pronouncement, we remand with directions that the revocation order be cor*1291rected to conform to the oral pronouncement.
At the revocation hearing, the trial court announced that it was revoking West’s probation for two violations of condition 5 based on West’s failure to live and remain at liberty without violating the law.1 However, the written revocation order states that probation was revoked for four violations of condition 5 and a separate violation of condition 4.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; remanded with directions.
DAVIS and SILBERMAN, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Green v. State, 19 So. 3d 449 (Fla. 2d DCA 2009)…revocation hearing recited that Green had violated conditions 1, 5, 7, and 13 and made no reference to condition 3. We direct the trial court on remand to amend its written order of revocation to conform to its oral pronouncement. See West v. State, 1 So. 3d 1290, 1291 (Fla. 2d DCA 2009) (remanding case to trial court to correct written revocation order to conform to the court’s oral pronouncement); Sampson v. State, 375 So. 2d 325, 325 (Fla. 2d DCA 1979) (same). Green need not be present when the above-disc…
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Simpson v. State, 72 So. 3d 309 (Fla. 2d DCA 2011)…r states that Simpson’s probation was revoked for violating six additional conditions. Therefore, we remand this case with directions to the trial court to correct the written revocation order to conform to the oral pronouncement. See West v. State, 1 So. 3d 1290, 1291 (Fla. 2d DCA 2009). Affirmed; remanded with directions. ALTENBERND and DAVIS, JJ., Concur.…
Authorities Cited
- Turner v. State, 873 So. 2d 480 (Fla. 2d DCA 2004)
- Williams v. State, 764 So. 2d 757 (Fla. 2d DCA 2000)