MAURICE DERRIAS BURNEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2013-06-05
No. 4D12-118
MAY, C.J., GERBER and LEVINE, JJ., concur.
114 So. 3d 455 Florida District Court of Appeal, Fourth District (2013) Positive Treatment
Cited by 4 cases
Topics
Preservation Of Error Contemporaneous Objection Rule

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendant appeals from the circuit court’s revocation of his probation. He argues that the court’s written order of revocation of probation is not consistent with 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).

However, as the state points out, the defendant did not preserve this argument with either a contemporaneous objection or a Florida Rule of Criminal Procedure 3.800 motion. See Evans v. State, 895 So.2d 1292, 1292-93 (Fla. 1st DCA 2005) (defendant did not preserve his argument regarding the discrepancy between the trial court’s oral pronouncement of sentence, written sentence, and order on probation with either a contemporaneous objection or a rule 3.800 motion).

Based on the foregoing, we affirm the circuit court’s revocation of probation, but without prejudice to the defendant’s ability to file a rule 3.800 motion in the circuit court raising this argument.

Affirmed without prejudice.

MAY, C.J., GERBER and LEVINE, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Elbert N. Daniels v. State, 118 So. 3d 996 (Fla. 1st DCA 2013)
    …1292, 1292-93 (Fla. 1st DCA 2005) (holding that absent contemporaneous objection or Rule 3.800(b)(2) motion, error in non-conforming written sentence and order of probation to oral pronouncement was not preserved for direct appeal). Burney v. State, 114 So. 3d 455 (Fla. 4th DCA 2013) (holding that absent contemporaneous objection or Rule 3.800(b)(2) motion, error in non-conforming written revocation of probation to oral pronouncement was unpreserved for direct appeal, citing Evans, 895 So. 2d 1292.) In this c…
  • Mustaq Sabry Khan v. State, 165 So. 3d 855 (Fla. 5th DCA 2015)
    …1292, 1292-93 (Fla. 1st DCA 2005) (holding that absent contemporaneous objection or Rule 3.800(b)(2) motion, error in non-conforming written sentence and order of probation to oral pronouncement was not preserved for direct appeal). Burney v. State, 114 So. 3d 455 (Fla. 4th DCA 2013) (holding that absent contemporaneous objection or Rule 3.800(b)(2) motion, error in non-conforming written revocation of probation to oral pronouncement was unpreserved for direct appeal, citing Evans, 895 So. 2d 1292). In this c…

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