ANTHONY MARTIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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In this appeal of the order revoking his probation, Anthony Martin argues that the trial court erred in failing to provide written reasons for its finding that, as a violent felony offender of special concern, he poses a danger to the community. § 948.06(8)(e), Fla. Stat. (2010). However, the trial court orally pronounced a reason that is consistent with section 948.06(8)(e)(l)(c). “Written orders must conform to the oral pronouncements made in open court.” Lundy v. State, 740 So.2d 54, 54 (Fla. 2d DCA 1999).
Accordingly, we affirm the revocation of Martin’s probation but remand for correction of the written order to conform to the trial court’s oral pronouncement. See Kuczko v. State, 76 So.3d 357 (Fla. 2d DCA 2011).
Affirmed but remanded.
DAVIS and BLACK, JJ., Concur.
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Cited By (15 total)
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Arnone v. State, 204 So. 3d 556 (Fla. 4th DCA 2016)…o the community, but fails to provide written reasons for its finding, the proper remedy is to affirm the revocation of the defendant’s probation, but remand for entry of a written order conforming to the court’s oral pronouncement. Martin v. State, 87 So. 3d 813, 813 (Fla. 2d DCA 2012); Bell v. State, 150 So. 3d 1214, 1214 (Fla. 5th DCA 2014). Consistent with our sister courts’ conclusions in Martin and Bell, we affirm the revocation of the defendant’s probation and' the resulting sentence, but remand for…
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Bell v. State, 150 So. 3d 1214 (Fla. 5th DCA 2014)…). However, its written order is not consistent with the oral pronouncement. Accordingly, we affirm the revocation of Bell’s community control, but remand for correction of the written order to conform to the oral pronouncement. See Martin v. State, 87 So. 3d 813 (Fla. 2d DCA 2012). AFFIRMED in part; and REMANDED. LAWSON, EVANDER and LAMBERT, JJ., concur.…
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Glenn v. State, 219 So. 3d 1010 (Fla. 1st DCA 2017)…mand with instruc-. tions that the trial court enter a written order that conforms to its oral pronouncements. See Arnone v. State, 204 So. 3d 556, 557 (Fla. 4th DCA 2016); Bell v. State, 150 [*1011] So. 3d 1214 (Fla. 5th DCA 2014); Martin v. State, 87 So. 3d 813 (Fla. 2d DCA 2012). We also affirm with respect to Appellant’s second, sentencing scoresheet-related argument. AFFIRMED in part, REVERSED in part, and REMANDED. WETHERELL, OSTERHAUS, and M.K. THOMAS, JJ., CONCUR.…
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- Lundy v. State, 740 So. 2d 54 (Fla. 2d DCA 1999)
- Kuczko v. State, 76 So. 3d 357 (Fla. 2d DCA 2011)