ROBERT HAROLD BITTLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The defendant appeals from the circuit court’s order finding that he violated his probation. We affirm without discussion the circuit court’s oral pronouncement finding that the defendant willfully and substantially violated his probation by committing the new offenses of robbery, assault on a law enforcement officer, resisting an officer without violence, aggravated assault on a law enforcement officer, and aggravated battery on a law enforcement officer. However, as the state concedes, the circuit court’s written order of revocation of probation found that the defendant committed four other violations which the court did not include in its oral pronouncement. We remand for the cir-*1195euit court to enter a corrected written order of revocation of probation which conforms to the court’s oral pronouncement. See Ortiz v. State, 2 So.3d 318, 319 (Fla. 4th DCA 2008) (“A written order of revocation must conform to the trial court’s oral pronouncement.”) (citation omitted). It shall not be necessary for the defendant to be present for this ministerial correction.
Affirmed; remanded for correction of revocation order.
MAY, C.J., and LEVINE, J., concur.
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Citator
Cited By
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Thompson v. State, 250 So. 3d 132 (Fla. 1st DCA 2018)
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Genard Jenkins v. State (Fla. 4th DCA 2020)…Lease, or Rent Property for Trafficking, Sale, or Manufacture of Controlled Substances.” The rest of the amended order is affirmed and must not be changed. Finally, Jenkins need not be present for this ministerial act. See, e.g., Bittle v. State, 100 So. 3d 1194, 1195 (Fla. 4th DCA 2012). Affirmed and remanded. WARNER and DAMOORGIAN, JJ., concur.…
Authorities Cited
- Ortiz v. State, 2 So. 3d 318 (Fla. 4th DCA 2008)