LEONARD J. HARVEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that a written order of probation revocation must conform to the trial court's oral pronouncement.
The defendant was found to have committed two of four alleged probation violations during an evidentiary hearing. However, the written order of revoca…
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Leonard J. Harvey appeals the trial court’s order revoking his probation. We affirm the revocation; we remand to have the written order of revocation amended to reflect the trial court’s oral rulings.
In 2005, after a guilty plea, Harvey was adjudicated guilty in three separate criminal cases and sentenced to a prison term followed by five years of probation. During Harvey’s fourth year of probation, the State filed an amended affidavit of probation violation, alleging that he had committed four probation violations: (1) third-degree grand theft; (2) resisting an officer without violence; (3) failure to pay drug test fees; and (4) failure to pay supervision costs.
Following an evidentiary hearing, the trial court announced from the bench that Harvey had committed two probation violations: (1) third-degree grand theft; and (2) resisting an officer without violence. No findings concerning the failure to pay drug test fees or supervision costs appear in the transcript of the trial court’s oral pronouncements. 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, reversed in part, and remanded to correct the written order of revocation.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gonzalez v. State, 217 So. 3d 235 (Fla. 3d DCA 2017)…he written order of probation revocation, however, reflects that the defendant committed all three of the alleged probation violations. The written order of revocation must correctly reflect the trial court’s oral pronouncement. See Harvey v. State, 129 So. 3d 1165, 1166 (Fla. 3d DCA 2014); Salvatierra v. State, 691 So. 2d 32, 32 (Fla 3d DCA 1997) (“A written order of probation revocation must conform to the court’s oral pronouncement at a defendant’s probation revocation hearing.”). Accordingly, we remand for…
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Llerena v. State, 139 So. 3d 454 (Fla. 3d DCA 2014)…ial court for the sole purpose of entering an amended order of revocation that conforms to the trial court’s oral pronouncement that Appellant violated his probation by committing the offense of conspiracy to traffic in cocaine. See Harvey v. State, 129 So. 3d 1165 (Fla. 3d DCA 2014) (noting that a written order revoking probation must conform to the court’s oral pronouncement made at the probation revocation hearing); Laffitte v. State, 16 So. 3d 315 (Fla. 3d DCA 2009) (same). Appellant need not be present fo…
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Rivers v. State, 163 So. 3d 621 (Fla. 3d DCA 2015)…affidavit, including the allegation that had been withdrawn by the State, were listed on the written order as bases for revocation. “As the State properly concedes, the written order should correctly reflect the oral pronouncement.” Harvey v. State, 129 So. 3d 1165, 1166 (Fla. 3d DCA 2014); Shacker v. State, 106 So. 3d 36 (Fla. 3d DCA 2013); 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 probatio…
Authorities Cited
- Salvatierra v. State, 691 So. 2d 32 (Fla. 3d DCA 1997)
- Laffitte v. State, 16 So. 3d 315 (Fla. 3d DCA 2009)