GREG LAFFITTE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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ON CONFESSION OF ERROR
Based on the State’s proper confession of error, and our own independent review of the record, we reverse the trial court’s written order of revocation of probation (“the Order”). “A written order of probation revocation must conform to the court’s oral pronouncement at a defendant’s probation revocation hearing.” Salvatierra v. State, 691 So.2d 32 (Fla. 3d DCA 1997) (citing Narvaez v. State, 674 So.2d 868 (Fla. 2d DCA 1996); Snell v. State, 658 So.2d 1165 (Fla. 2d DCA 1995)). Here, the Order specified that the defendant violated condition “L.7.” of the order of probation which required payment of supervision costs, and condition “L.8.e.,” which required payment of costs for drug testing. These findings, however, do not appear in the transcript of the trial court’s oral pronouncement. As such, we reverse the Order and remand with instructions that the Order be corrected to conform to the trial court’s oral pronouncement at the probation x-evocation healing.
Reversed and remanded with instrue-tions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Hernandez v. State, 254 So. 3d 1091 (Fla. 3d DCA 2018)
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Harvey v. State, 129 So. 3d 1165 (Fla. 3d DCA 2014)…ments. The written order of probation revocation, however, reflected that Harvey committed all of the alleged probation violations. As the State properly concedes, the written order should correctly reflect the oral pronouncement. Laffitte v. State, 16 So. 3d 315, 316 (Fla. 3d DCA 2009) (“A written order of probation revocation must conform to the court’s oral pronouncement at a defendant’s probation revocation hearing.”) (quoting Salvatierra v. State, 691 So. 2d 32 (Fla. 3d DCA 1997)). Affirmed in part, r…
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Perez v. State, 98 So. 3d 1216 (Fla. 3d DCA 2012)…t the conclusion of the probation violation hearing, the court specifically found “that [the defendant] was in possession of weapons while on probation.” A written order of probation must conform to the court’s oral pronouncement. Laffitte v. State, 16 So. 3d 315 (Fla. 3d DCA 2009). Only the violation of conditions K2 and K4 are supported by the court’s oral pronouncement. Upon remand the court shall amend the order of revocation of probation accordingly. Affirmed in all other respects. [*1217] Reversed and…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Narvaez v. State, 674 So. 2d 868 (Fla. 2d DCA 1996)
- Salvatierra v. State, 691 So. 2d 32 (Fla. 3d DCA 1997)
- Snell v. State, 658 So. 2d 1165 (Fla. 2d DCA 1995)