ALBERTO PEREZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Alberto Perez appeals an order revoking his probation. The only issue raised on appeal that merits consideration is the failure of the court’s order of revocation to conform to its oral pronouncement. In its oral pronouncement, at 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.
*1217Reversed and remanded with instructions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Fletcher v. State, 149 So. 3d 147 (Fla. 4th DCA 2014)…weapon. The order revoking probation however, indicates that the defendant violated his probation by committing a felony, rather than a simple, battery. The order revoking probation “must conform to the court’s oral pronouncement.” Perez v. State, 98 So. 3d 1216,1216 (Fla. 3d DCA 2012). We therefore remand the case to the trial court for the sole purpose of amending the order revoking probation to conform to the trial court’s oral pronouncement. Affirmed, but remanded for the correction of the order rev…
Authorities Cited
- Laffitte v. State, 16 So. 3d 315 (Fla. 3d DCA 2009)