ERIC PATRICK FLETCHER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court held that the written order revoking probation must conform to the trial court's oral pronouncement.
The defendant appealed an order revoking his probation. The trial court orally pronounced that the defendant violated probation for simple battery, fa…
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The defendant appeals a final order revoking his probation on one count of manslaughter and sentencing him to a term of fifteen years imprisonment. We have reviewed the record and find no error with the exception that the written order revoking the defendant’s probation fails to comport with the trial court’s oral pronouncement.
The trial court pronounced that the State met its burden of proving a violation of probation based on the following offenses: (1) simple battery, a lesser included offense of felony battery; (2) false imprisonment; and (3) aggravated assault with a deadly 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 revoking the defendant’s probation.
STEVENSON and KLINGENSMITH, JJ., concur.
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Citator
Cited By
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Reynaldo Antonio Aviles v. State, 165 So. 3d 841 (Fla. 1st DCA 2015)…a condition of probation cannot be •deemed a willful violation. Odom. Furthermore, a written order revoking probation must conform to the trial court’s oral [*843] pronouncement. Crews v. State, 128 So. 3d 983 (Fla. 1st DCA 2014); Fletcher v. State, 149 So. 3d 147 (Fla. 4th DCA 2014). Appellant raises three challenges to the revocation of probation. He first argues that the trial court erred in basing revocation, in part, on his failure to maintain full-time employment. The Appellant is correct that it is im…
Authorities Cited
- Perez v. State, 98 So. 3d 1216 (Fla. 3d DCA 2012)