MICHAEL OWENS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2014-07-02
No. 3D13-9
Before ROTHENBERG, EMAS and SCALES, JJ.
141 So. 3d 259 Florida District Court of Appeal, Third District (2014) Positive Treatment
Cited by 5 cases
Topics
New Law Violation Probation Revocation Lesser Included Offense

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Opinion of the Court
SCALES, J.

SCALES, J.

Michael Owens appeals the trial court’s order revoking his probation and imposing a ten-year sentence.

We affirm both the order of revocation of probation and sentence, but remand the case for entry of a written order to conform to the trial court’s oral pronouncement that revocation was based on the trial court’s finding that Owens committed the new law violation of trespass, the lesser-included offense of burglary. See Thompson v. State, 965 So.2d 1250, 1251 (Fla. 1st DCA 2007) (“[W]hen a conflict exists between an oral revocation pronouncement and the written order revoking probation, the oral pronouncement will control.”); Futch v. State, 605 So.2d 954, 955 (Fla. 4th DCA 1992) (affirming revocation of probation but remanding for entry of written order to accurately reflect the oral pronouncement).

Order and sentence affirmed; case remanded with instructions consistent herein.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Hulse v. State, 170 So. 3d 911 (Fla. 3d DCA 2015)
    …ance of the evidence each violation relied on by the trial court to revoke Hulse’s community control. However, we remand the case to the trial court for entry of a written order to conform to the trial court’s oral pronouncement. See Owens v. State, 141 So. 3d 259 (Fla. 8d DCA 2014); Brown v. State, 127 So. 3d 831 (Fla. 3d DCA 2013); see also Thompson v. State, 965 So. 2d 1250, 1251 (Fla. 1st DCA 2007) (“When a conflict exists between an oral revocation pronouncement and the written order revoking probation,…
  • Saladin v. State, 194 So. 3d 471 (Fla. 3d DCA 2016)
    …he case to the trial court for entry of a written order to conform to the trial court’s oral pronouncement, a necessary step which the trial court failed to do in this case. See Hulse v. State, 170 So. 3d 911, 912 (Fla. 3d DCA 2015); Owens v. State, 141 So. 3d 259 (Fla. 3d DCA 2014); Brown v. State, 127 So. 3d 831 (Fla. 3d DCA 2013). ,The order and sentence are affirmed; the case is remanded with directions.…
  • Berg v. State (Fla. 1st DCA 2021)

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